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JOURNAL 

OF    THE 

CONVENTION  FOR  FRAMING  ^^ 

A 

CONSTITUTION  OF  GOVERNMENT 


FROM  THE  COMMENCEMENT  OF  THEIR  FIRST  SESSION, 

SEPTEMBER  1,  1779, 

TO  THE  CLOSE  OF  THEIR  LAST  SESSION, 

JUNE  16,  1780. 

INCLUDING  A  LIST  OF  THE  MEMBERS. 


WITH  AN  APPENDIX— CONTAINING 

1.  THE  RESOLVE  FOR  ASCERTAINING  THE  SENSE  OF  THE  PEOPLE  ON  THE  SUB- 

JECT OF  A  NEW  CONSTITUTION. 

2.  THE  FORM  OF  GOVERNMENT  ORIGINALLY  REPORTED  BY  THE  GENERAL  COM- 

MITTEE OF  THE  CONVENTION. 

3.  THE  ADDRESS  TO  THE  PEOPLE. 

4.  THE  CONSTITUTION  AS   FINALLY  AGREED  UPON  BY  THE  CONVENTION,  AND 

RATIFIED  BY  THE  PEOPLE,  WITH  THE  AMENDMENTS  SINCE  ADOPTED. 

5.  THE  REJECTED  CONSTITUTION  OF  1778.  **   :^ 


PnBX.ZSHXSl>  BY  ORDER  OF  THZ!  X.XiaXSXiATt7RE. 

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iJoston:    ^  '''    '    '' 

DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 

1S32. 


NOV  ^5  I9I0 


IN  SENATE,  MARCH  22,  1832. 

The  Joint  Committee  on  the  Library,  to  whom  was  referred  the  Or- 
der of  the  Senate,  of  the  ]  0th  inst.  directing  them  to  enquire  into  the  expe 
diency  of  causing  a  copy  to  be  made  of  the  Journals  of  the  Convention  of 
seventeen  hundred  and  eighty,  have  considered  the  same,  and  report  the 
following  Resolve. 

Which  is  respectfully  submitted, 

By  order  of  the  Committee, 

A.  H.  EVERETT. 


k 


424S80 


€6tamonii^tuU'^  of  M^^f^^f^t^^tttn. 


In  the  Year  of  our  LoM,  One  Thousand  Eight  Hundred  and  Thirty-Two. 


A  RESOLVE 
Providing  for  the  Copying  of  the  Journals  of  the  Convention  of  One  Thou- 
sand Seven  Hundred  and  Eighty. 

Resolved,  hy  the  Senate  and  House  of  Representatives,  in  General  Court 
assembled,  That  the  Secretary  of  the  Commonwealth  be,  and  he  is  hereby 
authorized  and  directed,  to  cause  a  fair  copy  to  be  made  of  the  Journals  of 
the  Convention,  that  was  held  in  the  year  one  thousand  seven  hundred  and 
eighty,  for  the  purpose  of  forming  a  Constitution  of  Government  for  this 
Commonwealth ;  and  of  such  Reports  and  Documents  remaining  on  the 
files  of  the  same,  as  it  may  appear  most  important  to  preserve,  including  the 
Address  to  the  People  :— And  the  Secretary  is  further  authorized  and  direct- 
ed to  cause  one  thousand  copies  of  the  said  Journal  and  Documents  to  be 
printed,  at  the  expense  of  the  Commonwealth,  and  to  transmit  one  copy  to 
each  of  the  Towns  in  the  Commonwealth,  and  to  the  City  of  Boston. 

In  Senate,  March  22, 1832. 
Read  twice  and  passed, 
Sent  down  for  concurrence, 

WILLIAM  THORNDIKE,  President. 

House  op  Representatives,  March  23,  1832. 
Read  twice  and  passed, 

W.  B.  CALHOUN,  Speaker, 

March  24, 1832. 

Approved, 

LEVI  LINCOLN. 

A  true  copy. 

Attest.        EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


PRO€EEDIIVei§ 

Oy    THE 

CONVENTION 

FOR  FORMING  A 

CONSTITUTION  OF  GOVERNMENT 

FOR    THE 

State  of  J^assacijusetts  i3afi» 

FROM   SEPTEMBER    1,    1779,   TO   JUNE   16,   1780. 

RESOLVE 

Recommending  a  Convention. 
STATE  OF  MASSACHUSETTS  BAY. 
In  the  House  of  Representatives,  June  15,  1779. 

Whereas,  by  the  returns  made  into  the  Secretary's  Office, 
from  more  than  two  thirds  of  the  Towns  belonging  to  this  State, 
agreeably  to  a  Resolve  of  the  General  Court,  of  the  20th  of 
February  last,^  it  appears,  that  a  large  majority  of  the  inhabi- 
tants of  such  Towns,  as  have  made  return  as  aforesaid,  think  it 
proper  to  have  a  new  Constitution  or  form  of  Government,  and  are 
of  opinion,  that  the  same  ought  to  be  formed  by  a  Convention 
of  Delegates,  who  should  be  specially  authorized  to  meet  for 
this  purpose. 

Therefore  Resolved,  That  it  be,  and  it  hereby  is  recommended 
to  the  several  inhabitants  of  the  several  Towns  in  this  State  to 
form  a  Convention,  for  the  sole  purpose  of  framing  a  new  Con- 
stitution, consisting  of  such  number  of  Delegates,  from  each 
Town  throughout  this  State,  as  every  different  Town  is  entitled 
to  send  Representatives  to  the  General  Court,  to  meet  at  Cam- 
bridge, in  the  County  of  Middlesex,  on  the  first  day  of  Septem- 

*  See  Appendix. 


ber  next.  And  the  Selectmen  of  the  several  Towns  and  Places 
within  this  State,  empowered  by  the  laws  thereof  to  send 
members  to  the  General  Assembly,  are  hereby  authorized  and 
directed  to  call  a  meeting  of  their  respective  Towns,  at  least 
fourteen  days  before  the  meeting  of  said  Convention,  to  elect 
one  or  more  Delegates,  to  represent  them  in  said  Convention, 
at  which  meeting,  for  the  election  of  such  Delegate  or  Dele- 
gates, every  Freeman,  Inhabitant  of  such  town,  who  is  twenty 
one  years  of  age,  shall  have  a  right  to  vote. 

Be  it  also  Resolved,  That  it  be,  and  it  hereby  is  recommended, 
to  the  Inhabitants  of  the  several  Towns  in  this  State,  to  instruct 
their  respective  Delegates,  to  cause  a  printed  copy  of  the  Form 
of  a  Constitution  they  may  agree  upon  in  Convention,  to  be 
transmitted  to  the  Selectmen  of  each  Town,  and  the  Commit- 
tee of  each  Plantation  ;  and  the  said  Selectmen  and  Commit- 
tees are  hereby  empowered  and  directed  to  lay  the  same  be- 
fore their  respective  Towns  and  Plantations,  at  a  regular  Meet- 
ing of  the  Male  Inhabitants  thereof,  being  free  and  twenty  one 
years  of  age,  to  be  called  for  that  purpose,  in  order  to  its  be- 
ing duly  considered  and  approved  or  disapproved  by  said  Towns 
and  Plantations.  And  it  is  also  recommended  to  the  several 
Towns  within  this  State,  to  instruct  their  respective  Represen- 
tatives to  establish  the  said  Form  of  a  Constitution,  as  the 
Constitution  and  Form  of  Government  of  the  State  of  Massa- 
chusetts Bay,  if,  upon  a  fair  examination,  it  shall  appear,  that  it 
is  approved  of  by  at  least  two  thirds  of  those,  who  are  free  and 
twenty  one  years  of  age,  belonging  to  this  State,  and  present 
in  the  several  meetings. 

Sent  up  for  concurrence, 

JOHN  HANCOCK,  Speaker, 

In  Council,  June   17,   1779. 

Read  and  concurred, 

JOHN  AVERY,   Dep'y  Sec'y. 

Consented  to  by  a  Major  Part  of  the  Council. 
A  True  Copy, 

Attest,  JOHN  AVERY,  Dep'y  Sec'y. 


PROCEEDIJVGS  OF  THE  COJVVEJVTIOJV,  begun  and  held 
at  Cambridge^  in  the  County  of  Middlesex,  on  the  first  day  of 
September,  A.  D,  1779,  in  conformity  to  the  preceding  Resolve 
of  the  Great  and  General  Court  of  the  State  of  the  Massachu- 
setts Bay,  passed  the  \lth  of  June  last,  for  the  sole  purpose  of 
framing  a  new  Constitution  of  Government  for  said  State. 

A.  M.  Wednesday,   1st  Sept.  1779. 

A  large  number  of  Delegates  being  convened, 

On  a  motion  made  and  seconded, 

Voted,  That  a  President  and  Secretary  be  chosen  by  Ballot. 

On  a  motion  made  and  seconded, 

Voted,  That  a  Committee  be  chosen  to  receive  and  sort  the 
votes. 

Voted,  That  the  Committee  consist  of  three. 

Voted,  That  Nathaniel  Gorham,  Esq., 
CoL.  Daw^es,  and 
Brig'r.  Brooks,  be  a  Committee  for  this  purpose. 

On  a  motion  made  and  seconded, 

Voted,  That  the  Convention  first  proceed  to  the  choice  of  a 
Secretary. 

The  Committee  aforesaid  accordingly  proceeded  to  receive 
and  sort  the  votes. 

The  Committee  having  reported,  it  appeared  that  Samuel 
Barrett  was  chosen  Secretary. 

On  a  motion  made  and  seconded, 

Voted,  That  the  Convention  now  proceed  to  the  choice  of  a 
President. 

The  Committee  aforesaid  accordingly  proceeded  to  receive 
and  sort  the  votes. 

The  Committee  having  reported,  it  appeared  that  the  Honor- 
able James  Bowdoin,  Esq.,  was  chosen  President. 

It  was  then  moved,  that  the  Person  usually  attending  the 
Meeting  House  as  Servitor  or  Door  Keeper,  be  directed,  and  he 
was  accordingly  directed,  to  give  his  attendance,  as  Servitor  and 
Door  Keeper  to  the  Convention. 


8 

On  a  motion, 

Voted,  That  the  several  Delegates  produce  Certificates  or 
other  Credentials  of  their  choice  or  appointment  to  represent 
the  several  Tovs^ns  in  this  Convention,  the  same  to  be  laid  be- 
fore the  Convention. 

On  a  motion  made  and  seconded, 

Foted,  That  the  Hon'I  Walter  Spooner,  and  the  Hon'l 
Samuel  Adams,  Esq.,  be  a  Committee  to  receive  and  declare  the 
same. 

Which  being  done,  it  appeared  that  the  following  gentlemen 
were  duly  returned  to  represent  the  several  Towns  and  Planta- 
tions within  this  State,  in  this  Convention,  viz. 


FOR  THE  COUNTY  OF  SUFFOLK. 

Boston,  The  Hon'ble  James  Bowdoin,  Esq, 

The  Hon.  Sam'l  Adams,  Esq. 

The  Hon.  John  Hancock,  Esq. 

The  Hon.  Oliver  Wendell,  Esq. 

Nathaniel  Appleton,  Esq. 

Sam'l  A.  Otis,  Esq. 

Ellis  Gray,  Esq. 

Thomas  Dawes,  Esq. 

John  Lowell,  Esq. 

Doctor  Charles  Jarvis, 

Ebenezer  Storer,  Esq. 

Samuel  Barrett,  Esq. 
Roocbury,  Increase  Sumner,  Esq. 

Dorchester,  Mr.  Samuel  Coolidge, 

Milton,  Mr.  Edw'd  Hutchinson  Robbins, 

Samuel  Henshaw,  Esq., 
Braintree,  The  Hon.  John  Adams,  Esq. 

Weymouth,  The  Hon.  James  Humphreys,  Esq. 

Hingham,  The  Rev.  Daniel  Shute, 

Mr.  Joseph  Thaxter,  jr. 
Cohasset, 
Dedham,  Rev.    Jason  Haven, 

Doct.  John  Sprague, 
Medfield,  Doct.  James  Jerould, 


9 


Wrentham, 

Brookline, 

JVeedham, 

Stoughton, 

Stoughtonham, 

Medivay, 

Bellingham. 

Hull, 

Walpole, 

Chelsea, 

Franklin, 

Foxhorough, 


Mr.  Thomas  Man, 
Mr.  Lemuel  Kollock, 
Major  William  Thomson, 

Rev.  Jedediah  Adams, 
Mr.  Royal  Kollock, 
Rev.  Daniel  Stanford, 
Mr.  Noah  Alden, 

Joshua  Clap,  Esq., 
Capt.  Jonathan  Green, 
The  Hon.  Jabez  Fisher,  Esq. 
Mr.  John  Everett. 


FOR  THE  COUNTY  OF  ESSEX. 


Salem, 


Ipswich, 


JVewbury, 
JS'ewburyjport,, 


Marhlehead, 

Lynn, 

Andover, 


The  Hon'ble  John  Pickering,  Esq. 

Mr.  William  Pickman, 

Mr.  Henry  Higginson, 

Mr.  Joseph  Orne, 

Mr.  Miles  Greenwood, 

Mr.  Benjamin  Good  hue,  jr. 

Dummer  Jewett,  Esq. 

Stephen  Choate,  Esq. 

Col.  Jonathan  Cogswell, 

Mr.  Daniel  Noyce, 

Mr.  John  Crocker, 

Enoch  Sawyer,  Esq. 

Mr.  Richard  Adams, 

Mr.  Ebenezer  March, 

The  Hon.  Benjamin  Greenleaf,  Esq. 

The  Hon.  Jonathan  Greenleaf,  Esq. 

Mr.  Jonathan  Jackson, 

Mr.  Nathaniel  Tracy, 

Theophilus  Parsons,  Esq. 

Mr.  Samuel  Burrill, 
Samuel  Osgood,  Esq. 
Mr.  Samuel  Phillips,  jr. 


10 


Andover, 

Mr.  John  Farnum,  jr. 

Mr.  Zebediah  Abbott, 

Beverly^ 

Mr.  George  Cabot, 

Mr.  Joseph  Wood, 

Rowley^ 

Nathaniel  Mighill,  Esq., 

Col.  Daniel  Spafford, 

Doct.  Parker  Cleaveland, 

Salisbury, 

Maj.  Joseph  Page, 

Haverhill, 

The  Hon.  Nath.  Peaslee  Sergeant,  Esq, 

Gloucester, 

Winthrop  Sergeant,  Esq. 

Col.  Joseph  Foster, 

Peter  Coffin,  Esq. 

Samuel  Whitemore,  Esq. 

Capt.  Epes  Sergeant. 

Topsfield, 

Mr.  Israel  Clarke,  jr. 

Mr.  Abraham  Hobbs, 

Ameshury, 

Mr.  John  Barnard, 

Bradford, 

Mr.  Peter  Russell, 

Methuen, 

Mr.  John  Sergeant, 

Boxford, 

Wenham, 

Manchester, 

Middleton, 

Mr.  Silas  Meriam, 

Danvers, 

Hon.  Samuel  Holton,  Esq. 

Amos  Putnam,  Esq. 
Col.  Israel  Hutchinson, 
Capt.  William  Shillaber. 

FOR  THE  COUNTY  OF  MIDDLESEX. 


Cambridge, 

Abraham  Watson,  Esq. 

Mr.  Benjamin  Cooper, 

Capt.  Stephen  Dana, 

Charlestown, 

Nath'l.  Gorham,  Esq. 

Watertown, 

Samuel  Fisk,  Esq. 

Jonathan  Brown,  Esq. 

Woburn, 

Doct.  Samuel  Blodgett, 

Concord, 

John  Cummings,  Esq. 

Ephraim  Wood,  Esq. 

11 


JVewtoriy 

Dr.  John  King, 

Mr.  Thomas  Parker, 

Reading, 

Mr.  Benjamin  Flynt, 

Marlborough, 

Col.  Edward  Barnes, 

Mr.  Moses  Wood, 

Mr.  Winslow  Bridgham, 

Billerica, 

Rev.  Henry  Cummings, 

Framingham, 

The  Hon'ble  Josiah  Stone,  Esq. 

Benjamin  Edwards,  Esq. 

Lexington, 

Rev.  Jonas  Clarke, 

Chelmsford, 

Col.  Simeon  Spaulding, 

Oliver  Barron,  Esq., 

Sherburne, 

Daniel  Whitney,  Esq. 

Sudbury, 

Col.  Ezekiel  How, 

Maiden, 

Rev.  Peter  Thatcher, 

Weston, 

Mr.  Joseph  Roberts, 

Mr.  John  Allen, 

Medford, 

Stephen  Hall,  Tertius,  Esq. 

Hopkinton, 

Mr.  Matthew  Metcalf, 

Westford, 

Dr.  Asaph  Fletcher, 

fValtham, 

Jonas  Dix,  Esq. 

Capt.  John  Clarke, 

Stow, 

Mr.  Abraham  Whitney, 

Groton, 

The  Hon.  James  Sullivan,  Esq. 

Shirley, 

Pepperell, 

Townsend, 

Mr.  James  Locke, 

Dracut, 

Mr.  Amos  Bradley, 

Bedford, 

John  Reed,  Esq. 

Holliston, 

Capt.  Staples  Chamberlain, 

Acton, 

Francis  Faulkner,  Esq. 

Dunstable, 

The  Hon.  John  Tyng,  Esq. 

Lincoln, 

Brig.  Gen.  Eleazer  Brooks,  Esq 

Wilmington^ 

Tewksbury, 

Mr.  William  Brown, 

Ashby, 

Littleton, 

Capt.  Aaron  Jewett, 

JVatick, 

Major  Hezekiah  Broad, 

Sioneham, 

12 


FOR  THE  COUNTY  OF  WORCESTER. 


Worcester, 

The  Hon.  Levi  Lincoln,  Esq. 

Joseph  Allen,  Esq. 

Mr.  David  Bigelow, 

Lancaster, 

William  Dunsmore,  Esq. 

Capt.  Ephraim  Wilder, 

Capt.  William  Putnam, 

Mendon, 

Joseph  Dorr,  Esq. 

Capt-  Peter  Penniman, 

Brookfield, 

The  Hon'ble  Jedediah  Foster,  Esq. 

Oxford, 

Ebenezer  Learned,  Esq. 

Mr.  Ezra  Bowman, 

Charlton, 

Jacob  Davis,  Esq. 

Mr.  Salem  Town, 

Capt.  Samuel  Lamb, 

Sutton, 

Mr.  David  Harvvood, 

Mr.  Nathan  Putnam, 

Mr.  Willis  Hall, 

Rev.  Ebenezer  Chaplin, 

> 

Mr.  Ebenezer   Peirce, 

Leicester, 

Major  Seth  Washburn, 

Col.  William  Henshaw, 

Spencer, 

Mr.  John  Biscoe, 

Rutland, 

John  Frink,  Esq. 

Paxton, 

Capt.  AdamMaynard, 

Oakham, 

Capt.  Isaac  Stone. 

Barre, 

John  Mason,  Esq. 

Mr.  Andrew  Parker, 

Huhhardston, 
JVew  Braintree, 
Southborough, 
Westhorough, 

JVorihhorough, 
Shrewsbury, 
Lunenburg, 
Fitchburg, 


Maj.  James  Woods, 
Doct.  James  Parker, 
Capt.  Stephen  Maynard, 
Capt.  Nathan  Fisher, 
Mr.  Jonathan  Livermore, 
Mr.  Daniel  Hemmenway, 
Capt.  George  Kimball, 
Capt.  Thomas  Cowdin, 


13 


Uxbridge, 

Col.  Seth  Reed, 

Mr.  Benjamin  Green, 

Harvard, 

Mr.  Oliver  Whitney, 

Dudley, 

Mr.  Joseph  Upham, 

Bolton, 

Mr.  Ephraim  Fairbanks, 

Upton, 

Rev.  Elisha  Fisk, 

Sturbridge, 

Mr.  Joshua  Harding, 

Capt.  Abel  Mason, 

Leominster, 

Israel  Nichols,  Esq. 

Hardwick, 

Mr.  William  Page, 

Brig.  Gen.  Jonathan  Warner, 

Mr.  John  Hastings, 

Holden, 

Western, 

Col.  Danforth  Keys, 

Douglas, 

Mr.  Eliphaz  Stearns, 

Grafton, 

Capt.  Luke  Drury, 

Petersham, 

Col.  Ephraim  Doolittle, 

Royalston, 

Westminster, 
Athol, 

Templeton, 

Princeton, 

Ashburnham, 

Winchendon, 

Woodstock, 

JVorihbridge, 

Ward. 


Mr.  Ruggles  Spooner, 

Mr.  Samuel  Bryant, 

Mr.  Sylvanus  Hemmenvvay, 

Mr.  Abner  Holden, 

Mr.  Joseph  Miller, 

Capt.  Ephraim  Stockwell, 

Mr.  Josiah  Goddard, 

Capt.  John  Richardson, 

Mr.  Joel  Grout, 

Asa  Whitcomb,  Esq. 

Abel  Wilder,  Esq. 

Mr.  Jonathan  Bacon, 


FOR  THE  COUNTY  OF  HAMPSHIRE. 


Springfield, 

West  Springfield, 
Wilhraham, 


Mr.  Luke  Bliss, 
William  Pyncheon,  Esq. 
Abraham  Burbank,  Esq. 
Capt.  Phineas  Stebbins, 
3 


14 


JVorthampton, 

Mr.  Ephraiin  Wright, 

Caleb  Strong,  Esq. 

Southampton, 

Capt.  Timothy  Clarke, 

Hadley, 

South  Hadley, 

The  Hon.  Noah  Goodman,  Esq 

Amherst, 

Mr.  John  Billing, 

Granby, 

Hatfield, 

Doct.  Elijah  Morton, 

Whaiely, 

Williamsburg, 

Mr.  William  Bodman, 

Westfield, 

Col.  John  Moseley, 

Beerfield, 

Greenfield, 

Capt.  Agrippa  Wells, 

Shelburne, 

Mr.  Ebenezer  Fisk, 

Conway, 

Sunderland, 

Montague, 

JVorthfield, 

Capt.  Thomas  Alexander, 

Brimfield, 

South  Brimfield, 

Mr.  William  Carpenter, 

Monson, 

Major  Reuben  Mun, 

Pelham, 

Mr.  Joseph  Packard, 

Greenwich, 

Major  Barnabas  Sears, 

Mr.  Caleb  West, 

Blandford, 

Leverett, 

Major  Richard  Montague, 

Palmer, 

Mr.  Joshua  Shaw, 

Granville, 

Mr.  Oliver  Phelps, 

JYew  Salem, 

Belchertown, 

Mr.  Joseph  Smith, 

Colraine, 

Major  Hezekiah  Smith, 

Ware, 

Warwick, 

Mr.  Thomas  Rich, 

Bernardston, 

Murrayfield, 

Charlemont, 

Ashfield, 

Capt.  Benjamin  Phillips, 

Worthington, 


Capt.  Samuel  Bartlett, 
Mr.  Seth  Sylvester, 


16 


Shutesbury, 

Mr.  William  Ewens, 

Chesterfield, 

Capt.  William  White, 

Mr.  Luke  Bonney, 

Chesterfield  Gore, 

Capt.  Thomas  Weeks, 

Southwick, 

Mr.  Abner  Fowler, 

Suffield, 

Enfield, 

Somers, 

Ludlow, 

JVorivich, 

Merryfield, 

Plantation,  JVo,  5, 

Gagehorough, 

West  Hampton, 

Mr.  Sylvester  Judd. 

FOR  THE  COUNTY  OF  PLYMOUTH. 

Plymouth, 

John  Cotton,  Esq. 

Scituate, 

The  Hon.  William  Cushing,  Esq 

Israel  Vinal,  Esq. 

William  Turner,  Esq. 

Duxbury, 

Marshfield, 

Capt.  Thomas  Waterman, 

Bridgewater, 

Benjamin  Willis,  Esq. 

Capt.  Nathan  Mitchell, 

Middleborough, 

Mr.  John  Miller, 

Capt.  William  Shaw, 

Rochester, 

Capt.  Nathaniel  Hammond, 

Plympton, 

Major  Seth  Cushing, 

Capt.  George  Hammond, 

Pembroke, 

Rev.  Gad  Hitchcock, 

Kingston, 

Hanover, 

Hon.  Joseph  Cushing,  Esq. 

Abington, 

Col.  David  Jones, 

Halifax, 

Ebenezor  Thomson,  Esq. 

Wareham, 

16 


FOR  THE  COUNTY  OF  BARNSTABLE. 


Barnstable, 

Sandwich, 

Mr.  Lot  Nye, 

Yarmouth, 

Enoch  Hallet,  Esq. 

Eastham, 

Harmch, 

Wellfleet, 

Chatham, 

Truro, 

Falmouth, 

FOR  THE  COUNTY  OF  BRISTOL. 

Taunton, 

The  Hon.  Robert  Treat  Paine,  Esq. 

Brig.  General  George  Godfrey,  Esq. 

Rehoboth, 

William  Winsor,  Esq. 

Capt.  Stephen  Bullock, 

Swansey  with  Shatvammet,  Capt.  Philip  Slead, 

Mr.  John  Mason, 

Dartmouth, 

The  Hon.  Walter  Spooner,  Esq. 

Rev.  Samuel  West, 

Mr.  Timothy  Davis, 

JVorton, 

Mr.  Abraham  White, 

Mansfield, 

Mr.  Isaac  Dean, 

Ittleborough, 

Col.  John  Daggett, 

Capt.  John  Stearns, 

Major  Elisha  May, 

Dighton, 

Thomas  Church,  Esq. 

Mr.  William  Brown, 

Freetown, 

Mr.  Samuel  Barnaby, 

Raynham, 

Capt.  Israel  Washburn, 

Fasten, 

Capt.  James  Perry, 

Berkley, 

Samuel  Toby,  Esq. 

FOR  THE  COUNTY  OF  YORK. 

York,  The  Hon.  David  Sewall,  Esq. 

Kittery,  Capt.  John  Heard  Bartlett, 

Wells,  Nathaniel  Wells,  Esq. 


17 

Bervnck,  The  Hon.  Benjamin  Chadbourne,  Esq. 

Arundel, 

Biddefordy 

Pepper  ellhorough, 

Lebanon, 

Sanford, 

Buxton, 

Fryburgh, 

Cox  Hall, 

Massabeseck, 

Limerick, 

Brownjield, 

Little  Falls, 

FOR  DUKES  COUNTY. 

Edgarton, 
Chilmark, 
Tisbury, 

FOR  THE  COUNTY  OF  NANTUCKET. 

Sherburne, 

FOR  THE  COUNTY  OF  CUMBERLAND. 

Falmouth, 

JVorth  Yarmouth, 

Cape  Elizabeth, 

Gorham,  Solomon  Lombard,  Esq. 

Brunswick, 

Uarpswell, 

Windham, 

JVew  Gloucester, 

Scarborough,  Mr.  Samuel  Small, 

Peirsontoiun, 

Royalsburg, 

Gray, 

Raymondtown, 

Bakerstown, 

Sylvesier^s  Tovm, 

Bridgetown, 


18 


FOR  THE  COUNTY  OF  LINCOLN 

Fowiialborough, 

Georgetown, 

JVewcastle, 

Woolwich, 

Topsham, 

• 

Bowdoinham, 

Boothbay, 

Bristol, 

Mr.  Jacob  Eaton, 

Vassalborough, 

Winthrop^ 

Mr.  Benjamin  Brainard. 

Winslow, 

Waldoborough, 

Edgecomb, 

Hallowell, 

Belfast, 

Warren, 

Thomaston, 

Lower  St.  Georges, 

Meduncook, 

Pittstown, 

FOR  THE  COUNTY  OF  BERKSHIR 

Sheffield, 

Mr.  Silas  Kellog, 

Great  Barrington, 

Doct.   William  Whiting, 

Patridgejield, 

Mr.  Daniel  Kinney, 

Williamstown, 

Capt.  Stephen  Davis, 

Mr.  Elisha  Baker, 

J^ew  Marlborough, 

Capt.  Zenas  Wheeler, 

Jabez  Ward,  Esq. 

Lanesborough, 

Col.  Jonathan  Smith, 

James  Harris,  Esq. 

Pittsfield, 

William  Williams,  Esq. 

Lenox, 

Capt.  William  Walker, 

Mr.  Caleb  Hyde, 

Stockbridge, 

Mr.  Elias  Gilbert, 

Mr.  Asa  Bement, 

Egremont, 

Ephraim  Fitch,  Esq. 

19 


Tyringham, 

Capt.  Ezekiel  Herrick, 

Sandisfield, 

Mr.  James  Ayrault, 

Mr.  David  Deming, 

Becket, 

Mr.  Elisha  Carpenter, 

Windsor, 

Mr.  Hezekiah  Green, 

Capt.  Leicester  Grosvenor, 

Hancock, 

Mr.  Asa  Douglass, 

Richmond, 

Mr.  Cromstock  Betts, 

Loudon, 

Washington, 

West  Stockbridge, 

Capt.  Increase  Hewins, 

aiford, 

Mr.  John  Adams,  jr. 

New  Ashford, 

Asheweelot, 

Plantation  JVo.  1, 

Mams, 

JYew  Providence, 

Mr.  Peter  Werdin, 

Lee, 

On  a  motion  made  and  seconded, 

Voted,  That  the  further  examination  of  the  credentials  be 
postponed  to  the  afternoon,  and  that  the  Convention  be  adjour- 
ned to  3  o'clock. 


Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  Convention  proceeded  in  the  examination  of  the  creden- 
tials, which,  being  completed,  on  a  motion  made. 

Voted,  That  the  Secretary  be  directed  to  prepare  an  exact 
List  of  the  Delegates  returned  to  this  Convention. 

On  a  motion  made  and  seconded, 

Voted,  That  the  Secretary  be  permitted  to  furnish  an  attested 
copy  of  the  List  of  Delegates  to  any  person,  who  may  apply 
for  the  same. 

On  a  motion  made  and  seconded, 

Voted,  That  a  number  of  Monitors  be  chosen  to  keep  order, 
and  to  return  the  House  as  there  may  be  occasion. 

Voted,  That  the  number  be  six. 

Voted,  That  Major  Washburn, 
Col.  Williams, 


20 

Capt.  Kimball, 
Mr.  Kollock,  of  Wrentham, 
Col.  Cummings,  and 
Col.  Coffin,  be  the  Monitors. 
On  a  motion,  made  and  seconded. 

Voted,  That  a  Committee  be  appointed  to  prepare  Rules  for 
the  Government  of  the  Convention,  and  to  report  to-morrow 
morning. 

Voted,  That  the   Hon'ble  John    Pickering,  Esq. 

Nath'l  Gorham,  Esq. 
The  Hon'ble  Noah  Goodman,  Esq. 
The  Hon'ble  James  Sullivan,  Esq.  and 

Thomas  Dawes,  Esq.   be  a  Com- 
mittee for  this  purpose. 

On  a  motion  made  for  adjournment  to  8  o'clock  to-morrow 
morning,  the  Convention  adjourned  accordingly. 


Thursday  Morning,  2d  Sept.  8  o'clock. 

The  Convention  met  according  to  adjournment. 

The  Committee,  appointed  to  prepare  Rules  for  the  Govern- 
ment of  the  Convention  in  their  debates  and  proceedings,  made 
their  Report; — which,  after  sundry  amendments,  was  accepted  ; 
and  the  Secretary  was  directed  to  cause  a  fair  Copy  of  the  same 
to  be  posted  up  in  some  conspicuous  part  of  the  House,  in  or- 
der that  the  Members  may  have  recourse  to  it  for  their  direction 
and  government  on  all  occasions. 

The  Report,  as  amended  and  accepted,  is  as  follows  ; — 

RULES  AJYD  ORDERS  to  be  observed  by  the  Convention  held 
at  Cambridge,  for  the  purpose  of  framing  a  JVew  Constitution  of 
Government  for  the  State  of  Massachusetts  Bay,  agreeable  to 
their  Vote  of  the  2d  September,  1119, 

1st.  The  seat  now  occupied  by  any  member  shall  be  the  seat 
of  such  member,  during  the  Sitting  of  this  Convention,  unless 
such  seat  has  previously  been  taken  possession  of  by  another 
Member. 


21 

2dly.  No  member  shall  speak  more  than  twice  to  any  question, 
without  leave  expressly  obtained  ;  nor  more  than  once,  until 
others,  who  have  not  spoken,  shall  have  delivered  their  senti- 
ments, if  they  shall  desire  it. 

3dly.  Any  member,  rising  to  speak,  shall  address  himself  to  the 
President,  and  as  soon  as  he  has  done  speaking,  he  shall  sit 
down. 

4thly.  No  member  speaking  shall  be  interrupted  by  another, 
unless  it  be  by  calling  to  order,  or  to  correct  a  mistake  with 
respect  to  matter  of  fact;  and  no  member  shall  stand  up  to 
the  interruption  of  any  one  speaking,  or  to  hinder  other  mem- 
bers from  hearing  the  Delegates,  or  what  is  read  by  the  Pres- 
ident. 

5thly.  No  member  shall  declare  or  scruple  any  vote,  until  the 
President  shall  have  made  his  declaration  thereon. 

6thly.  It  shall  be  the  duty  of  the  Monitors  to  keep  good  or- 
der in  the  Convention,  and  when  any  vote  is  questioned,  to 
make  return  of  the  numbers  in  their  respective  quarters  or 
divisions,  voting  for  or  against  the  motion  proposed. 

7thly.  When  a  motion  shall  be  made  by  any  member,  and  se- 
conded by  some  other  member,  the  same  shall  be  considered 
as  before  the  Convention,  but  not  otherwise. 

8thly.  When  a  Vote  is  scrupled,  it  shall  be  determined  by  the 
numbers  voting  in  the  affirmative,  and  the  numbers  present 
in  the  Convention,  unless  any  member  shall  be  excused  giv- 
ing his  Vote  by  the  Convention. 

9thly.  No  member  shall  nominate  more  than  one  person  for  one 
Committee,  provided  the  person  by  him  first  nominated  be 
chosen. 

lOthly.  No  Vote  shall  be  reconsidered,  unless  there  be  as  many 
of  the  members  in  the  Convention,  at  the  time  of  reconsider- 
ation, as  there  were  when  it  was  passed. 

A  Copy  of  the  Resolves  of  the  Great  and  General  Court  of 
the   15th  and    17th  June,   ulto.,  recommending  to  the  several 
towns  in  this  State   to  convene,  by  their  Delegates,  at  Cam- 
4 


22 

bridge,  on  the  first  of  September,  then  next  ensuing,  for  the 
sole  purpose  of  framing  a  new  Constitution  of  Government,  be- 
ing read  : — On  a  motion  made  and  seconded, 

Resolved,  That  it  is  the  opinion  of  this  Convention,  that  they 
have  sufficient  authority  from  the  People  of  the  Massachusetts 
Bay  to  proceed  to  the  framing  a  new  Constitution  of  Govern- 
ment, to  be  laid  before  them  agreeably  to  their  instructions. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Convention  proceed,  at  the  adjournment,  to 
the  consideration  of  a  Declaration  of  Rights. 

On  a  motion  made  and  seconded. 

Voted,  That  the  Convention  be  adjourned  to  3  o'clock,  P.  M. 

The  Convention  was  adjourned  accordingly. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  Convention,  agreeably  to  their  vote  in  the  forenoon, 
entered  upon  the  consideration  of  a  Declaration  of  Rights. 

On  a  motion,  made  and  seconded, 

Voted,  That  there  be  a  Declaration  of  Rights  prepared,  pre- 
vious to  the  framing  a  new  Constitution  of  Government. 

A  motion  was  then  made  and  seconded,  that  a  Committee  be 
appointed  for  that  purpose. 

After  a  very  general  and  extensive  debate,  on  a  motion, 

Voted,  That  the  further  consideration  of  the  Declaration  of 
Rights  be  postponed  to  the  morning. 

The  Secretary,  having  acquainted  the  Convention  that  some 
previous  engagements  render  his  absence  to-morrow  necessary. 

Voted,  That  he  be  excused  attending  ;  and  another  gentleman 
be  appointed  to  officiate  in  his  absence. 

Voted,  That  Joseph  Allen,  Esq.,  take  the  minutes  of  the 
Convention,  during  the  absence  of  the  Secretary. 

The  Convention  then  adjourned  to  the  next  morning,  8  o' 
clock. 


Friday    Morning,  8  o'clock,  Sept.  3. 

Met  according  to  adjournment. 

On  a  motion,  made  and  seconded, 

Ordered,  that  the  bell  be  rung  a  quarter  of  an  hour  before  the 
time  to  which  this  Convention  shall  from  time  to  time  be  ad- 
journed. 


2a 

A  motion  was  then  made  and  seconded,  that  those  gentle- 
men of  the  Clergy,  who  have  seats  in  this  Convention,  be  re- 
quested to  open  the  Convention  vt'ith  Prayer,  every  morning,  in 
rotation,  which  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  That  there  be  a  reconsideration  of  the  vote  passed 
yesterday,  viz :  "  that  there  be  a  Declaration  of  Rights  prepar- 
ed previous  to  the  framing  a  Constitution  of  Government." 

Resolved,  That  the  Convention  will  prepare  a  Declaration  of 
Rights  of  the  People  of  the  Massachusetts  Bay. 

Upon  this  Question,  the  whole  number  present  as  returned 
by  the  Monitors,  were  251,  of  which,  250  were  for  the  affirma- 
tive. 

A  motion  was  then  made  and  seconded,  as  follows,  viz. 

"  Resolved,  that  this  Convention  will  proceed  to  the  framing  a 
new  Constitution  of  Government."  After  some  debate  thereon,  a 
motion  Was  made  and  seconded,  that  a  Committee  be  appoint- 
ed to  prepare  a  Declaration  of  Rights,  previous  to  the  framing 
a  new  Constitution. 

Whereupon  a  general  debate  ensued,  and,  after  some  time 
spent  therein,  the  Convention  postponed  the  further  discussion 
of  the  same  until  3  o'clock  in  the  afternoon. 

The  Convention  then  adjourned  to  that  time. 

Three  o''clock,  P.  M.  The  Convention  met  according  to  ad- 
journment, and  resumed  the  consideration  of  the  motion  made 
in  the  forenoon,  viz.  "  That  a  Committee  be  appointed  to  pre- 
pare a  Declaration  of  Rights,  previous  to  the  framing  a  new 
Constitution."  After  some  further  debates  thereon,  it  passed 
in  the  negative. 

The  question  was  then  put  upon  the  motion  made  in  the 
forenoon,  viz. 

^'Resolved,  That  this  Convention  will  proceed  to  the  framing  a 
new  Constitution  of  Government,"  which  passed  in  the  affirma- 
tive. 

Upon  a  motion  made  by  the  Hon'ble  Gen.   Hancock,  it  was 

Voted,  That  a  time  be  assigned  for  the  Convention  to  pro- 
ceed to  the  choice  of  a  Committee  to  prepare  a  Declaration  of 
Rights,  and  Frame  of  a  Constitution. 


24 

Whereupon,  twelve  o'clock  to-morrow,  is  assigned  for  the 
purpose  aforesaid. 

Upon  a  motion,  made  and  seconded, 

Voted,  That  a  Committee  of  five  persons  be  appointed,  for 
the  purpose  of  ascertaining  the  manner  in  which  the  Committee 
to  be  hereafter  appointed  to  prepare  a  new  Constitution  of 
Government  and  Declaration  of  Rights,  shall  be  chosen,  the 
number  of  which  it  shall  consist,  and  the  number  for  each 
county. 

The  Convention  then  proceeded  to  the  choice  of  a  Commit- 
tee for  that  purpose,  and  the  following  gentlemen  were  chosen, 
viz  :  Nathaniel  Gorham,  Esq. 

The  Hon.  Mr.  Pickering, 
The  Hon.  Col.  Goodman, 
John  Lowell,  Esq.  and 
Major  Washburn. 

The  Committee  last  appointed  were  desired  to  withdraw  and 
proceed  on  the  business  for  which  they  were  chosen,  and  report 
as  soon  as  may  be. 

Resolved,  unanimously.  That  the  Government,  to  be  framed  by 
this^Convention,  shall  be  a  free  Republic. 

Upon  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  appointed  this  afternoon,  and 
who  are  now  absent  on  the  business  assigned  them,  have  liberty 
to  accede  to,  or  dissent  from,  the  last  preceding  Resolution. 

Resolved,  That  it  is  of  the  Essence  of  a  free  Republic,  that 
the  People  be  governed  by  fixed  Laws  of  their  own  Making. 

The  Committee  appointed  this  afternoon  for  the  purpose  of 
ascertaining  the  manner,  in  which  the  Committee,  to  be  hereaf- 
ter appointed  to  prepare  a  Frame  of  a  Constitution  and  Declara- 
tion of  Rights,  shall  be  chosen,  the  number  of  which  the  same 
shall  consist,  and  the  number  for  each  County,  made  Report  as 
follows : 

"  The  Committee  appointed  "  ut  supra,^^  report  as  their  opin- 
ion, That  the  Committee  consist  of  thirty  one,  to  be  proportion- 
ed as  follows : 


25 


For  the  County 

of  Suffolk,     .     . 

• 

3 

u       u 

I* 

(( 

Essex,     .     .     . 

3 

((      (( 

It 

i( 

Middlesex, 

3 

((          (C 

11 

il 

Worcester, 

3 

il      ii 

a 

ii 

Hampshire, 

3 

11      ii 

a 

it 

Bristol, 

.     2 

li      ii 

li 

il 

York,      .     . 

.     2 

ii      ii 

ii 

li 

Plymouth,  . 

.     2 

ii      ii 

il 

fi 

Berkshire, 

.     2 

il      ii 

11 

11 

Barnstable, 

.     1 

il      a 

a 

il 

Cumberland, 

.     1 

iC       << 

11 

It 

Lincoln, 

.     1 

fi      <« 

il 

ti 

Nantucket,  and 
Dukes  County,     .     .     I 

27 

A 

bla 

rffe. 

. 

4 

31 

And  that  the  Members  of  each  County  have  liberty  to  nomi- 
nate the  Members  for  their  respective  Counties,  after  having 
chosen  them  by  ballot,  at  a  meeting  of  the  Members  [of]  the 
County  for  that  purpose  ;— and  that  the  four  to  be  chosen  at 
large,  be  chosen  by  ballot."  Which  Report  having  been  read 
was  accepted. 

On  a  motion,  made  and  seconded, 

Foted,  That  the  first  member  of  the  senior  town  in  each 
County  shall  determine  the  time  when  the  members  for  their 
respective  Counties  sliall  meet,  for  the  purposes  mentioned  in 
the  preceding  Report,  and  that  the  members  make  Report  of 
their  several  nominations  to-morrow  morning. 

The  Convention  then  adjourned  to  to-morrow  morning  at 
eight  o'clock. 


Saturday  Morning,  4th  Sept.  8  o'clock. 

The  Convention  met  according  to  adjournment. 

On  a  motion,  made  by  the  Secretary,  for  ascertaining  the 
Votes  and  Proceedings  of  yesterday,  as  recorded  by  Mr.  Allen, 
the  same  being  read]; 


26 

Voted,  That  they  are  true  Records  of  the  Votes  and  Proceed- 
ings of  the  Convention. 

The  President  having  obtained  leave  of  absence,  a  motion 
was  made,  by  the  Secretary,  that  the  Convention  now  proceed 
to  the  choice  of  a  President  |7ro  tempore. 

The  Convention  declined  the  choice,  and  directed  the  Secre- 
tary  to  preside,  occasionally,  on  the   absence  of  the  Hon.    Mr. 

BOWDOIN. 

The  Committee  for  preparing  a  nomination  list  of  Candidates 
for  the  several  Counties,  for  the  choice  of  the  Convention,  on  a 
Committee  for  preparing  a  Declaration  of  Rights,  and  the  Form 
of  a  Constitution,  to  be  laid  before  them  at  the  adjournment 
to  be  had  for  that  purpose,  reported  the  following  list,  having 
been  chosen  by  ballot  of  the  Delegates  from  the  several  Coun- 
ties, viz  : 

FOR  THE  COUNTY  OF  SUFFOLK. 

The  Hon.  James  Bowdoin,  Esq. 
The  Hon.  John  Adams,  Esq. 
John  Lowell,  Esq. 

FOR  THE  COUNTY  OF  ESSEX. 

Theophilus  Parsons,  Esq. 
Mr.  Jonathan  Jackson, 
Mr.  Samuel  Phillips,  jr. 

FOR  THE  COUNTY  OF  MIDDLESEX. 

The  Hon.  James  Sullivan,  Esq. 

Nathl.  Gorham,  Esq. 

The  Hon.  Eleazer  Brooks,  Esq. 

FOR  THE  COUNTY  OF  HAMPSHIRE. 

The  Hon.  Noah  Goodman,  Esq. 
Major  Hezekiah  Smith, 
Mr.  John  Billing. 

FOR  THE  COUNTY  OF  PLYMOUTH. 

John  Cotton,  Esq. 
Rev.  Mr.  Gad  Hitchcock. 


27 

FOR  THE  COUNTY  OF  BARNSTABLE. 
Enoch  Hallett,  Esq. 

FOR  THE  COUNTY  OF  BRISTOL. 

The  Hon.  R.  Treat  Paine,  Esq. 
The  Rev.  Mr.  Samuel  West. 

FOR  THE  COUNTY  OF  YORK. 

The  Hon.  Benjamin  Chadbourn,  Esq. 
The  Hon.  David  Sewall,  Esq. 

FOR  THE  COUNTY  OF  WORCESTER. 

The  Hon.  Jedediah  Foster,  Esq. 
Joseph  Dorr,  Esq. 
Israel  Nichols,  Esq. 

FOR  THE  COUNTY  OF  BERKSHIRE. 

James  Harris,  Esq. 
Capt.  William  Walker. 

On  a  motion  made,  the  Convention  resumed  a  free  conversa- 
tion, begun  yesterday,  on  the  general  principles  of  a  Declara- 
tion of  Rights,  and  a  Form  or  Constitution  of  Government. 

The  Committee  not  having  reported  any  persons  as  candi- 
dates for  the  choice  of  the  Convention  on  the  Committee  afore- 
said, for  the  Counties  of  Cumberland  and  Lincoln. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  name  of  Mr.  Samuel  Small,  be  added  to 
the  nomination  list  for  the  County  of  Cumberland. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  name  of  Mr.  Benjamin  Brainard,  be  added 
to  the  nomination  list,  for  the  County  of  Lincoln. 

There  being  no  Delegates  in  Convention  from  the  County  of 
Nantucket  or  Dukes  County,  no  candidate  was  returned  by  the 
Committee,  or  added  by  the  Convention  to  the  nomination  list, 
for  said  Counties. 


28 

12  o'clock  :  the  Order  of  the  Day  being  called  for^ 

On  a  motion,  made  and  seconded, 

Voted,  That  a  nomination  list  be  opened  on  the  Secretary's 
table,  in  order  to  the  choice  of  four  gentlemen  at  large,  to  com- 
plete the  Committee  for  framing  a  Declaration  of  Rights,  and 
Form  of  a  Constitution,  to  be  laid  before  the  Convention. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  names  of  the  gentlemen  on  the  nomination 
list,  for  the  several  counties,  be  put  up  singly,  in  order,  to  the 
Committee  aforesaid.  Which  being  done,  the  following  gen- 
tlemen were  unanimously  chosen,  viz  : 

FOR  THE  COUNTY  OF  SUFFOLK. 

The  Hon.  James  Bowdoin,  Esq. 
The  Hon.  John  Adams,  Esq. 
John  Lowell,  Esq. 

FOR  THE  COUNTY  OF  ESSEX. 

Theophilus  Parsons,  Esq. 
Mr.  Jonathan  Jackson, 
Mr.  Samuel  Phillips,  jr. 

FOR  THE  COUNTY  OF  MIDDLESEX. 

The  Hon.  James  Sullivan,  Esq. 

Nathaniel  Gorham,  Esq. 

The  Hon.  Eleazer  Brooks,  Esq. 

FOR  THE  COUNTY  OF  HAMPSHIRE. 

The  Hon.  Noah  Goodman,  Esq. 
Major  Hezekiah  Smith, 
Mr.  John  Billing. 

FOR  THE  COUNTY  OF  PLYMOUTH. 

John  Cotton,  Esq. 

Rev.  Mr.  Gad  Hitchcock. 

FOR  THE  COUNTY  -OF  BARNSTABLE. 
Enoch  Hallet,  Esq. 


29 

FOR  THE  COUNTY  OF  BRISTOL. 

The  Hon.  Robert  Treat  Paine,  Esq. 
The  Rev.  Mr.  Samuel  West. 

FOR  THE  COUNTY  OF  YORK. 

The  Hon.  Benjamin  Chadbourn,  Esq. 
The  Hon.  David  Sewall,  Esq. 

FOR  DUKES  COUNTY  AND  NANTUCKET. 

FOR  THE  COUNTY  OF  WORCESTER. 

The  Hon.  Jedediah  Foster,  Esq. 
Joseph  Dorr,  Esq. 
Israel  Nichols,  Esq. 

FOR  THE  COUNTY  OF  CUMBERLAND. 

Mr.  Samuel  Small.  ;^ 

FOR  THE  COUNTY  OF  LINCOLN. 
Mr.  Benjamin  Brainard. 

FOR  THE  COUNTY  OF  BERKSHIRE. 

James  Harris,  Esq. 
Capt  William  Walker. 

The  gentlemen,  who  were  yesterday  appointed  a  Committee 
for  ascertaining  the  manner  in  which  the  Committee,  to  be  ap- 
pointed to  prepare  a  Declaration  of  Rights  and  the  form  of  a 
Constitution  of  Government,  should  be  chosen,  the  number  of 
which  it  should  consist,  and  the  number  for  each  County,  de- 
sired leave,  in  conformity  to  a  vote  passed  for  that  purpose,  to 
declare  their  free  and  full  assent  to  a  Resolve,  taken  in  their 
absence,  on  the  business  aforesaid,  and  immediately  preceding 
the  vote  aforesaid,  viz.  "  That  the  Government  to  be  framed  by 
this  Convention  for  the  People  of  Massachusetts  Bay,  be  a  free 
Republic." 

5 


30 

The  Convention  being  desired  to  withdraw,  and  bring  in  their 
votes  for  four  gentlemen  at  large,  to  complete  the  Committee 
for  framing  a  Declaration  of  Rights  and  a  Constitution  of  Gov- 
ernment, 

On  a  motion,  made  and  seconded. 

Voted,  That  the  six  Monitors  be  a  Committee  to  receive, 
count  and  sort  the  votes. 

On  a  motion,  made  and  seconded, 

Voted,  That  if  more  than  four  gentlemen  shall  have  the  ma- 
jority of  votes,  the  gentlemen,  who  have  [the]  greatest  num- 
ber shall  be  declared  duly  elected. 

The  Committee  proceeded  accordingly,  and   reported   that 

they  had  attended  that  service,  and  that   the   number  of  votes 

were  237,  and  that  119  made  a  vote  ;  and   that  there  were   for 

The  Hon.  Samuel  Adams,  Esq.  209 

The  Hon.  John  Pickering,  Esq.  156 

Caleb  Strong,  Esq.  203 

Those  Gentlemen  were  accordingly  chosen. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  choice  of  one  gentleman  to  complete  the 
Committee  be  postponed  to  the  afternoon,  and  that  the  Conven- 
tion now  adjourn  to  that  time.  The  Convention  adjourned  ac- 
cordingly. 

Three  o^clock,  P.  M.  The  Convention  met  according  to  ad- 
journment. 

The  Committee  were  directed,  agreeably  to  the  order  of  the 
day,  to  receive  and  sort  the  votes  for  one  gentleman  to  complete 
the  Committee  for  framing  a  Constitution  of  Government  and  a 
Declaration  of  Rights. 

The  Committee  proceeded  accordingly,  and  reported  that 
there  was  no  choice. 

They  were  then  directed  to  proceed  again. 

The  Committee  aforesaid  having  received  and  sorted  the  votes, 
reported,  that  on  counting  the  same,  it  appeared  that  the  num- 
ber of  voters  were  198,  that  100  made  a  vote,  and  that  the  Hon. 
William  Cushing,  Esq.  had  ]35  votes.  That  gentleman  was 
accordingly  declared  duly  elected. 


31 

Which  completed  the  choice  of  the  Committee,  except  for 
Dukes  County  and  Nantucket. 

On  a  motion,  made  and  seconded, 

Voted,  That  a  Committee  be  now  appointed,  to  make  appli- 
cation to  the  Great  and  General  Court,  as  soon  as  may  be,  for  a 
Resolve  for  adjourning  the  sitting  of  the  Superior  Court  of  Ju- 
dicature, for.  the  Counties  of  Worcester  and  Hampshire,  in  order 
that  the  Committee  of  this  Convention  may  enter  upon  the  im- 
portant business  assigned  them,  which  must  be  impeded  by  the 
attendance  of  many  gentlemen  appointed  on  said  Committee, 
should  said  Court  sit  in  said  Counties  at  the  usual  term. 

Voted,  That  the  Hon.  Walter  Spooner,  Esq. 
Nath.  Gorham,  Esq.  and 
Theop.  Parsons  Esq. 
be  a  Committee  for  that  purpose. 

This  business  being  completed,  the  Convention  resumed  the 
free  conversation  upon  the  subject  voted  to  be  discussed,  which 
had  been  interrupted  by  the  order  of  the  day,  for  the  choice  of 
the  Committee  aforesaid. 

A  motion  was  then  made  and  seconded,  that  when  the  Con- 
vention shall  adjourn  [it  adjourn]  to  Monday  morning,  10  o'- 
clock, and  that  the  further  consideration  of  the  subject  aforesaid 
be  postponed  to  said  time,  and  there  be  then  a  free  and  general 
conversation 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Convention  adjourn  to  Monday  morning,  at 
10  o'clock. 

The  Convention  adjourned  accordingly. 


Monday  Morning,  10  o'clock,  Gth  Sept. 

The  Convention  met  according  to  adjournment. 

A  motion  was  made  and  seconded,  that  the  free  conversation 
which  stands  referred  over  to  this  time,  upon  the  Form  of  a  Con- 
stitution, and  a  Declaration  of  Rights,  be  now  resumed. 
Which  being  put,  passed  in  the  affirmative. 

A  general  and  free  conversation  then  ensued,  which  lasted 
the  forenoon. 


32 

On  a  motion,  made  and  seconded, 

Voted,  That  the  further  conversation  on  the  subject  aforesaid 
be  postponed  to  the  afternoon. 

The  Convention  then  adjourned  to  3  o'clock. 

Three  o'clock.  Met  according  to  adjournment,  and  resumed 
the  free  conversation  aforesaid,  upon  the  Declaration  of  Rights 
and  the  Form  of  a  Constitution,  which  lasted  till  sunset,  v^'hen, 
on  a  motion,  made  and  seconded,  the  Convention  adjourned  to 
to-morrow  morning,  at  8  o'clock. 


Tuesday  Morning,  8  o'clock,  7th  Sept. 

The  Convention  met  according  to  adjournment. 

The  Hon.  Mr.  Bowdoin,  having  resumed  the  chair. 

On  a  motion,  made  and  seconded, 

Voted,  That  when  the  Convention  shall  adjourn,  it  adjourn  to 
Thursday,  the  28th  of  October  next  ensuing. 

A  motion  was  then  made  and  seconded.  That  when  the  Con- 
vention adjourn,  it  adjourn  to  Concord,  which  being  put,  it 
passed  in  the  negative. 

It  was  then  moved  and  seconded,  that  when  this  Convention 
adjourn,  it  adjourn  to  the  town  of  Boston,  which  motion  being 
put,  it  passed  in  the  negative. 

On  a  motion,  made  and  seconded. 

Voted,  That  when  the  Convention  shall  adjourn,  it  adjourn  to 
this  town. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  appointed  to  prepare  a  Declara- 
tion of  Rights  and  Form  of  a  Constitution,  be  desired  to  meet 
as  soon  as  may  be,  to  determine  the  time  and  place  of  their 
meeting,  for  the  important  purpose  of  their  appointment. 

The  Committee  withdrew  for  the  purpose  of  the  preceding 

vote. 

On  a  motion,  made  and  seconded,  that  some  method  be  adop- 
ted to  make  suitable  provision  for  the  due  representation  of 
such  Towns  as  are  not  represented  in  this  Convention,  the  fol- 
lowing Resolution  was  taken,  viz. : 


33 


In  Convention,  Cambridge,  7th  Sept,  1779. 

Whereas,  It  has  been  represented  to  this  Convention,  that  a 
number  of  Towns  in  this  State,  have  not  been  served  with  a 
precept  from  the  Great  and  General  Court,  to  send  members  to 
this  Convention,  and  that,  from  that  and  other  causes,  they  are 
not  represented,  and  whereas  it  has  been  resolved,  that  when 
this  Convention  shall  adjourn,  it  adjourn  to  Thursday,  the  2Sth 
day  of  October,  next  ensuing,  to  meet  in  this  place, — therefore, 

Resolved,  That  it  be  recommended  to  the  Selectmen  of  all 
the  Towns  in  this  State,  which  have  not  received  the  precept 
aforesaid,  and  to  such  other  Towns  as  have  not  sent  Members 
to  this  Convention,  to  assemble  their  several  Towns,  for  the 
purpose  of  choosing  a  Delegate  or  Delegates,  if  they  see  pro- 
per, to  meet  at  the  time  and  place  aforesaid,  (in  such  proportion 
of  numbers  as  such  Towns  are  authorized  to  send  Members  to 
the  Great  and  General  Court,)  for  the  purpose  of  framing  a 
new  Constitution  of  Government ;  and  any  Delegate  or  Dele- 
gates, chosen  as  aforesaid,  producing  a  certificate  of  his  being 
so  chosen,  from  the  Selectmen,  or  the  Town  Clerk  of  the  Town, 
he  or  they  may  represent,  shall  be  admitted  to  vote  and  act  in 
this  Convention. 

Resolved,  That  the  preceding  resolve  be  communicated,  by 
being  published  in  the  several  newspapers  in  this  State. 

The  Committee  appointed  to  prepare  a  Declaration  of  Rights 
and  the  Form  of  a  Constitution,  to  be  laid  before  the  Conven- 
tion, at  the  adjournment,  having  retired  to  determine  the  time 
and  place  of  their  meeting  to  transact  the  important  business 
assigned  them,  returned  and  acquainted  the  Convention,  that 
they  had  determined  to  meet  at  the  New  Court  House,  in  Bos- 
ton, on  Monday  next,  3  o'clock,  P.  M.  for  the  purpose  aforesaid. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Secretary  be  directed  to  publish  the  time  to 
which  this  Convention  shall  adjourn,  in  all  the  newspapers  in 
this  State. 

On  a  motion,  made  and  seconded, 

Voted,  That  this  Convention  be  now  adjourned. 


34 

The  Convention  is  accoidingly  adjourned  to  Thursday,  the 
28th  day  of  October,  next  ensuing,  to  be  continued  and  held 
in  this  place. 

Att.         SAML.  BARRETT,  Secretary, 

Cambridge,  7th  Sept,  1779. 


Meeting  House  at  Cambridge,  Thursday,  28th  Oct.  1779. 

Met  according  to  adjournment. 

On  a  motion,  made  and  seconded, 

Footed,  That  the  gentlemen  of  the  Clergy,  who  are  Members 
of  this  Convention,  be  desired  to  perform  the  office  of  Chap- 
lains, in  rotation,  during  the  Session. 

The  Rev.  Mr.  Shute  accordingly  prayed. 

Several  new  Members  appearing  produced  certificates  of 
their  appointment  to  sit  and  act  in  this  Convention,  which  were 
respectively  read  and  approved,  and  the  gentlemen  took  their 
seats  accordingly,  viz. : 

FROM  THE  COUNTY  OF  HAMPSHIRE. 


Brimjield, 

Hon.  Timothy  Danielson,  Esq. 

Sunderland, 

Mr.  D.  Montague, 

Major  Whitmore, 

Charlemont, 

Mr.  Aaron  Rice, 

JYew  Salem, 

Capt.  Jerem.  Ballard, 

Buckland, 

Mr.  Thomas  Maxwell. 

MIDDLESEX. 

Ashhy, 

Capt.  Jonathan  Lock, 

Fepperell, 

Col.  Henry  Woods, 

Wilmington, 

Capt.  John  Harnden, 

Mr.  Edward  Kendall. 

SUFFOLK. 

Needham, 

Col.  William  Mcintosh. 

35 

WORCESTER. 

Hubhardston,  Mr.  John  Woods, 

Holden,  Mr.  Richard  Flag. 

BERKSHIRE. 

Mams,  Samuel  Todd,  Esq. 

PLYMOUTH. 
Kingston,  William  Drew,  Esq. 

ESSEX. 

Marhlehead,  The  Hon.  Azor  Orne,  Esq. 

Thomas  Gerry,  Esq. 
Joshua  Orne,  Esq. 
Jonathan  Glover,  Esq. 

A  motion  was  then  made  and  seconded, 

That  the  Convention  now  adjourn  to  the  town  of  Boston. 
After  some  debate  the  further  consideration  of  the  motion  was 
postponed  to  the  afternoon. 

The  Committee  appointed  to  prepare  a  Form  of  Government, 
not  being  ready  to  report,  the  Convention  adjourned  to  three 
o'clock,  P.  M. 

Three  o'clock  P.  M.     Met  according  to  adjournment. 

The  Committee  appointed  to  prepare  a  draught  of  a  Decla- 
ration of  Rights  and  Form  of  Government  made  report  of  the 
same,  which,  being  read*  a  motion  was  made  and  seconded,  that 
a  printed  Copy  of  the  Declaration  of  Rights  be  distributed 
among  the  members  to-morrow  morning. 

The  motion  for  adjourning  to  Boston  was  then  renewed  and 
debated,  when  a  motion  was  made  for  the  question's  subsiding  ; 
which  being  withdrawn,  the  first  motion  was  put  and  passed  in 
the  negative. 

*  This  Report  is  here  referred  to  in  a  Note  to  the  Journal,  as  follows^ 
'  see  printed  copy,'  but  is  not  to  be  found  among  the  papers  of  the  Conven- 
tion. 


36 

It  was  then  moved  and  seconded, 

That  the  Convention  adjourn  to  meet  in  this  place  to-morrow 
morning,  9  o'clock. 

Which  being  put,  passed  in  the  affirmative. 

[On  advice  of  the  President,  Mr.  S.  Adams,  and  several  oth- 
er gentlemen,  the  various  alterations,  which  were  made  by  the 
Convention  in  the  Report  of  the  Committee,  as  finally  agreed 
to,  were  respectively  minuted  on  the  printed  Copy,  and  the  nu- 
merous votes  for  the  several  amendments,  and  for  transposing, 
accepting  or  rejecting  words,  propositions,  paragraphs,  articles, 
sections,  &c.  generally  omitted.*] 


Friday  Morning,  29th,  9  o'clock. 

Met  according  to  adjournment. 

The  Rev.  Mr.  Haven,  prayed. 

In  conformity  to  the  orders  of  the  Convention,  copies  of  the 
Declaration  of  Rights  were  distributed  among  the  members. 

A  motion  was  then  made  and  seconded. 

That  the  Convention  adjourn  to  3  o'clock. 

Which  being  put,  passed  in  the  negative. 

It  was  then  moved  and  seconded. 

That  the  Declaration  of  Rights  be  read. 

Which  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded. 

That  the  same  be  taken  up  by  paragraphs,  which  being  put, 
passed  in  the  negative. 

It  was  then  moved  and  seconded, 

That  the  Convention  adjourn  to  3  o'clock,  P.  M.  which  be- 
ing put,  passed  in  the  affirmative. 

*  The  words  in  Brackets  seem  to  be  in  the  nature  of  a  Note  by  the  Secre- 
tary of  the  Convention,  and  no  part  of  the  regular  jouraal.  The  Report  of 
the  Committee  appointed  to  frame  a  Declaration,  &c.  which  is  here  and  sub- 
sequently referred  to,  is  not  among  the  papers  of  the  Convention  either  in 
print  or  manuscript. 


37 

Three  o'clock,  P.  M.    Met  according  to  adjournment. 

The  Convention  went  into  the  consideration  of  the  Decla- 
ration of  Rights,  and  directed  the  same  to  be  read  ;  previous 
to  the  reading  of  which,  a  motion  was  made  and  seconded, 

That  12  o'clock  to-morrow  be  assigned  for  the  consideration 
of  the  question,  whether  the  Convention  shall  adjourn  from 
this  place. 

Which,  being  put,  passed  in  the  affirmative.  The  Declaration 
of  Rights  was  then  read,  and  on  a  motion,  made  and  seconded, 
the  same  was  voted  to  be  taken  up  by  propositions.  * 

The  preamble  and  the  .1st.  article,  after  sundry  amendments, 
being  accepted. 

On  a  motion,  made  and  seconded, 

footed,  to  adjourn  to  9  o'clock,  to-morrow  morning. 


Saturday  Morning  30th,  9  o'clock. 

Met  according  to  adjournment. 

The  Rev.  Mr.  Chaplin  prayed. 

The  Convention  resumed  the  consideration  of  the  Declara- 
tion of  Rights. 

The  2d  article,  after  debates  and  amendments,  being  accept- 
ed, the  order  of  the  day  was  called  for,  and  the  question  assign- 
ed to  this  time  (12  o'clock)  viz.  "  whether  the  Convention  shall 
adjourn  from  this  place,"  after  a  general  debate,  being  put,  pass- 
ed in  the  negative. 

A  motion  was  then  made  and  seconded,  for  adjourning  to 
Monday  morning,  which  was  superseded  by  a  motion  for  adjour- 
ing  to  3  o'clock,  P.  M.  which,  being  put,  passed  in  the  affirma- 
tive. 

Three  o'clock,  P.  M.     Met  accordino'  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  Declaration 
of  Rights. 

*  Here  reference  is  made  to  the  preceding  JVote  of  the  Secretary  of  the 
Convention,  in  these  words,  "  see  page  4th." 

6 


38 

The  3d  article  being  read,  on    a  motion  made  and  seconded, 
Votedy  That  the  same  be  put  by  propositions.     The  two  first 
of  which   were  accordingly  put  and  accepted.     When  the  sub- 
sequent propositions  relating  to  the  support  of  religious  worship 
and  instruction  were  taken  up  and  largely  debated. 

A  motion  was  then  made  and  seconded,  that  the  further  con- 
sideration of  this  article  be  postponed  to  the  adjournment. 
On  a  motion,  made  and  seconded, 
Tooted,  to  adjourn  to  Monday  morning,  9  o'clock. 


Nov.   1st.  Monday,  A.  M.  9  o'clock. 

Met  according  to  adjournment. 

The  Rev.  Mr.  West  prayed. 

The  3d.  article  aforesaid  being  read  and  debated, 

On  a  motion,  the  debates  were  suspended,  in  order  to  the  dis- 
tribution of  the  remaining  sheets  of  the  Report  of  the  Commit- 
tee among  the  members  present,  and  to  the  having  a  fuller 
House  for  the  consideration  of  so  important  an  article. 

After  which,  a  motion  was  made  and  seconded,  to  assign  10 
o'clock  to-morrow  morning,  for   further  debates  on  this  article. 

Which  being  put,   passed  in  the  affirmative. 

The  4th,  5th,  6th,  Tth,  8th,  and  9th  articles  were  then  seve- 
rally considered  and  accepted,  after  some  amendments  in  the 
4th,  8th  and  9th,  (as  will  appear  by  reference  being  had  to 
the  amended  copy   of  the  report.) 

The  Convention  then  adjourned  to  3  o'clock,  P.  M. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  Convention  proceeded  in  the  consideration  of  the  Dec- 
laration of  R  ghts. 

The  10th,  nth,  13th,  14th,  and  15th  articles  were  taken  up 
and  passed,  with  some  other  amendments  on  the  10th,  and  15th, 
(see  the  Copy  aforesaid.) 

The  12th,  on  a  motion,  made  and  seconded,  was  committed 
for  amendment  to  the  Hon.  Judge  Sergeant,  the  Hon.  Mr. 
Paine,  and  Mr.  Parsons. 


3» 

The  16th,  on  a  motion  made  and  seconded,  was  committed  to 
the  same  gentlemen,  with  the  addition  of  the  Hon.  Judge  Sew- 
all. 

The  17th,  after  large  debate,  was,  on  amotion  made  and  sec- 
onded, committed  to  the  Hon.  Timothy  Danielson,  and  Wal- 
ter Spooner,  Esqrs.  and  Caleb  Strong,  Esq.  for  amendments. 

The  Convention  then  adjourned  to  to-morrow  morning,  9  o'- 
clock. 


Tuesday  Morning,  9  o'clock. 

Met  according  to  adjournment. 

The  Committee  on  the  12th  article  reported  two  several 
amendments,  viz.  a  substitution  of  the  word  "or,"  instead  of  the 
words  "he  cannot,"  and  after  the  word  "  confession,"  the  inser- 
tion of  the  words  "or  other  conviction  agreeable  to  law."  The 
former  of  which,  being  put,  was  unanimously  accepted ;  the  lat- 
ter was  largely  debated,  and  several  alterations  proposed,  when, 
on  a  motion  made  and  seconded,  the  article  was  recommitted, 
and  the  Hon.  Mr.  Pickering  added  to  the  Committee. 

Ten  o^clock,  A.  M.  The  order  of  the  day  being  called  for,  the 
Convention  went  into  the  consideration  of  the  3d  article  ;  which, 
being  largely  debated,  the  further  consideration  of  the  same  was 
postponed  to  3  o'clock,  P.  M. 

On  a  motion  made  and  seconded. 

Voted,  to  adjourn  to  said  time. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

Resumed  the  debates  on  the  3d  article,  which  being  very  ex- 
tensive, on  a  motion  made  and  seconded, 

Voted,  That  the  rule  of  the  Convention,  which  prescribes 
"  that  no  member  shall  speak  more  than  twice  to  a  question 
without  leave  being  first  obtained,"  be  suspended  during  the 
debates  on  this  article.  A  free  and  general  debate  then  en- 
sued, when,  on  a  motion  made  and  seconded, 

Voted,  to  postpone  the  further  consideration  of  the  article  to 
the  adjournment. 

On  a  motion,  made  and  seconded, 


40 

footed,  That  the  Secretary  have  leave  of  absence  to-morrow, 
and  that  Joseph  Allen,  Esq.  take  the  minutes  in  his  absence. 

The  Convention  then  adjourned  to  to-morrow  morning,  9  o'- 
clock. 


Wednesday  Morning,  3d,  9  o'clock 

Met  according  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  3d  arti- 
cle, and  after  long  debate  thereon,  the  same  was  postponed  to 
the  afternoon. 

John  Kirkland,  Esq.  being  duly  returned  from  the  town  of 
Norwich,  a  delegate  to  this  Convention,  produced  his  creden- 
tials, and  took  his  seat  accordingly. 

On  a  motion,  made  and  seconded. 

Tooted,  to  adjourn  to  3  o'clock  this  afternoon. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  3d  article  being  resumed  and  largely  debated,  it  was 
moved  and  seconded,  "  that  a  Committee  be  appointed  to  con- 
sider of  the  proposed  amendments  of  the  said  article  as  offered 
for  the  consideration  of  the  Convention,  and  report  thereon," 
which,  being  put,  passed  in  the  affirmative. 

The  Convention  then  made  choice  of  the  following  gentle- 
men for  that  purpose,  viz  : 

The  Rev.  Mr.  Alden. 

The  Hon.  Mr.  Danielson, 

Theop.  Parsons,  Esq. 

The  Hon.  Samuel  Adams,  Esq. 

The  Hon.  Mr.  Patne, 

The  Rev.  Mr.  Sanford,  and 

Caleb  Strong,  Esq. 
Then  adjourned  to  Friday  morning,  9  o'clock. 


Friday  A.  M. 
Mel  according  to  adjournment. 

The  Rev.  Mr.  Thatcher  prayed. 


41 

On  a  motion,  made  and  seconded, 

Voted,  That  the  several  proposals  for  amendments  on  the  3d 
article  be  delivered  to  the  Committee  on  the  same. 

The  Committee  on  the  17th  article  in  the  Declaration  of 
Rights  reported  the  following  as  a  substitute  therefor,  viz : 
"  The  liberty  of  the  Press  being  essential  to  the  security  of 
freedom  in  a  State,  it  therefore  ought  not  to  be  restrained  in 
this  Commonwealth."  Which,  being  put,  was  accepted,  and  or- 
dered to  be  inserted  in  lieu  of  17th  article  accordingly. 

The  Committees  on  the  12th  and  16th  articles,  not  being 
ready  to  report,  the  Convention  went  into  the  consideration  of 
18th  article,  (the  subject  military  power,)  and  after  considera- 
ble debate,  and'^expunging  the  word  "  standing "  before  the 
word  "armies,"  accepted  the  same; — also  the  19th  and  20th 
articles,  without  amendment.  The  21st  was  after  some  debate 
suspended  to  the  afternoon,  and  the  22d  accepted.  Then  ad- 
journed to  3  o'clock. 

Three  o^dock,  P.  M.     Met  according  to  adjournment. 

The  21st  art.  was  resumed  and  debated,  when  the  same  was 
suspended  by  the  consideration  of  the  23d,  24th,  25th,  26th, 
27th,  28th,  and  29th,  which  (after  the  substitution  of  the  word 
"  Subject,"  instead  of  "  Man,"  and  obliterating  the  words  "  any 
act  of,"  before  the  word  "  Legislature,")  were  severally  accep- 
ted, as  also  the  30th,  after  inserting  the  words  "  of  the  Su- 
preme Judicial  Court." 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Convention  will  sit  to-morrow  till  3  o'clock, 
and  then  adjourn  to  Monday  morning. 

The  Convention  then  adjourned  [to]  to-morrow  morning, 
9  o'clock. 


Saturday  A.  M. 

Met  according  to  adjournment. 

The  Rev.  Mr  Hewins  prayed. 

The  Committee  on  the  3d  article  of  the  Declaration  of  Rights 
reported  a  new  draught  of  the  whole,  which  being  read,  on  a 
motion  made  and  seconded, 


42 

Voted,  That  the  further  consideration  of  the  same  be  assigned 
to  Wednesday  morning,  11  o'clock. 

The  Convention  then  resumed  the  consideration  of  the  21st 
article  in  the  said  Declaration,  when  a  motion  was  made  and 
seconded,  for  expunging  the  last  clause,  beginning  at  the  words 
"  and  there  shall  be  ;"  which,  being  put,  passed  in  the  affirma- 
tive. 

On  a  motion  made  and  seconded, 

The  30th  article  was  voted  to  be  reconsidered,  so  as  to  lay 
open  for  debate  in  its  first  state,  by  expunging  the  words  inser- 
ted yesterday. 

When,  after  long  debate,  it  was  moved  and  seconded,  that 
the  sense  of  the  Convention  be  taken  upon  the  word  "Judges  " 
in  said  article,  in  order  to  which  a  question  was  moved  and  sec- 
onded, viz.  "  whether  it  be  the  sense  of  this  Convention  that  the 
Judges  of  the  Supreme  Judicial  Court  of  this  Commonwealth, 
ought  to  be  appointed  to  hold  their  offices  during  good  be- 
haviour ;  which,  being  put,  passed  in  the  affirmative,  by  78  out 
of  113. 

A  motion  was  then  made  and  seconded,  that  a  time  be  now 
assigned  for  taking  into  consideration  the  expediency  of  adjour- 
ning the  Convention  from  this  place  to  Boston. 

When,  on  a  motion  made  and  seconded, 

Footed,  That  Tuesday  evening,  at  7  o'clock,  be  assigned  for 
that  purpose. 

The  Convention  then  adjourned  to  Monday  morning,  9  o' 
clock. 


Monday  A.  M.  Nov.  8. 
Met  according  to  adjournment. 
The  Rev.  Mr.  Cummings  prayed. 

On  a  motion,  made  and  seconded,  the  list  of  the  members  was 
read,  by  which,  with  the  return  of  the  House,  it  appeared  that 
the  members  present  were  93 

Absent  207 

The  Convention  then  adjourned  to  3  o'clock,  P.  M. 

Three  o'clock.     Met  according  to  adjournment. 

The  30th  article  in  the  Declaration  of  Rights  was  then  fur- 
ther considered  and  debated. 


43 

It  was  then  moved  and  seconded,  that  a  Question  be  put, 
whether  it  is  the  opinion  of  this  Convention  that  the  Judges  of 
the  Courts  of  Common  Pleas  in  this  Commonwealth  ought  to  be 
appointed  to  hold  their  offices  during  good  behaviour,  which 
was  accordingly  put,  and  passed  in  the  negative,  by  57  out  of 
119. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  consideration  of  Justices  of  the  Peace  be 
postponed,  until  they  come  to  be  considered  in  their  order  in 
the  Frame  of  Government. 

It  was  then  moved  and  seconded,  that  the  words  "  of  the  Su- 
preme Judicial  Court,"  be  inserted  between  the  word  "  Judges," 
and  "  should,"  in  the  30th  article,  which,  being  put,  passed  in 
the  affirmative.  The  article  was  then  put  as  amended  and  was 
accepted. 

The  31st  article  was  then  taken  up  and  debated,  when  the 
further  consideration  of  it  was  suspended  by  a  motion,  made 
and  seconded,  to  adjourn  to  to-morrow  morning,  9  o'clock. 

Which,  being  put,  passed  in  the  affirmative. 


Tuesday  Morning,  9th 


Met  according  to  adjournment. 

The  Rev.  Mr.  Shute  prayed. 

On  a  motion,  made  and  seconded,  that  some  provision  be 
made  relative  to  the  appointment  of  Jurors,  the  consideration 
of  the  same  was  referred  to   the  Committee  on  the  I6th  article. 

On  a  motion,  made  and  seconded,  that  the  word  "  Massachu- 
setts," in  the  first  paragraph  of  the  preamble  to  the  Frame  of 
Government  be  expunged,  and  that  the  word "  Oceana,"  be 
substituted  in  its  stead,  the  same  was  put,  and  passed  in  the 
negative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  word  "might"  in  the  second  paragraph 
of  the  same  be  expunged,  and  the  word  "may"  inserted  in  its 
place. 

On   a  motion,  made  and  seconded. 


44 

Voted,  That  3  o'clock  this  afternoon  be  assigned  for  the  con- 
sideration of  the  2d  paragraph  in  the  preamble  of  the  Frame 
of  Government,  together  with  the  31st  article  in  the  Declaration 
of  Rights. 

A  motion  was  then  made  and  seconded,  that  the  first  para- 
graph of  the  first  section  in  the  second  Chapter  or  Frame  of 
Government,  be  expunged,  and  the  following  words  inserted  in 
its  stead,  viz.  "  The  department  of  legislation  shall  be  formed 
by  three  branches,  a  Governor,  Senate  and  House  of  Represen- 
tatives,   each  of  which  shall  have  a  negative  on  the  other." 

A  motion  was  then  made  and  seconded, 

That  the  Convention  go  into  the  consideration  of  a  previous 
question,  viz.  "  how  many  Branches  the  Legislature  shall  consist 
of."  In  order  to  which  it  was  moved  and  seconded,  "  That  the 
Legislative  Department  in  this  Commonwealth  shall  consist  of 
three  Branches.  " 

The  Convention  then  adjourned  to  3  o'clock,  P.  M. 

Three  o'clock.     Met  according  to  adjournment. 

Resumed  the  question  proposed  to  be  considered  previous  to 
the  adjournment,  viz.  That  the  Department  of  Legislation  be 
formed  by  three  branches,  when  the  same  was  largely  debated, 
after  which,  a  motion  was  made  and  seconded,  that  the  Conven- 
tion proceed  to  take  the  several  articles  in  the  Constitution  into 
consideration,  without  coming  to  any  decisive  questions  until 
further  order  be  taken  thereon  ;  which  motion,  after  some  de- 
bate, was  withdrawn. 

A  motion  was  then  made  and  seconded, 

That,  in  the  further  consideration  of  the  Frame  of  Govern- 
ment, the  Convention  proceed  by  first  taking  up  the  3d  Section, 
or  House  of  Representatives,  and  the  other  Branches  of  the 
Legislature  in  their  order,  and  after  those  the  Executive. 

Seven  o^clock. 

The  order  of  the  day  being  called  for,  and  superseding  the 
above,  the  Convention  went  into  the  consideration  of  the  ques- 
tion of  adjourning  from  this  place  to  Boston. 

A  previous  question  was  then  moved,  and  seconded,  viz. — 
Whether  the  Convention  will  sit  until  they  shall  have  gone 
through  the  Report  of  the  Committee? 


45 

This  motion,  being  withdrawn  ; 

On  a  motion,  made  and  seconded, 

Voted,  That  the  President  be  desired  to  send  a  letter  to  the 
Selectmen  of  the  Town  of  Brookfield,  requesting  of  them  to  con- 
vene the  inhabitants  in  order  to  their  electing,  if  they  see  meet, 
one  or  more  persons  to  represent  them  in  this  Convention,  in 
the  room  of  the  Hon.  Judge  Foster,  lately  deceased. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Convention  now  adjourn  to  meet  in  this 
place  to-morrow  morning,  at  9  o'clock. 


Wednesday  Morning,  10th,  Nov. 

Met  according  to  adjournment. 

The  Rev.  Mr.  Sanford  prayed. 

A  motion,  was  then  made  and  seconded, 

That  Joseph  Allen,  Esq.  take  the  minutes,  and  put  the  votes 
from  time  to  time,  in  the  absence  of  the  Secretary. 

The  Convention  then  took  into  consideration  the  Frame  of 
Government,  beginning  with  the  3d  section  ;  the  first  article  of 
which  being  read,  and  some  debate  had  thereon,  the  further 
proceedings  thereon  were  superseded  by  the  order  of  the  day, 
(11  o'clock,  being  assigned  for  the  debates  on  the  report  of  the 
Committee  on  the  3d  article.)  The  said  report  was  then  read 
repeatedly.     An  extensive  debate  ensued. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  words  "  where  he  shall  reside,  "  in  the  last 
clause,  be  expunged,  and  the  words,  ''  in  which  said  monies  are 
raised, "  be  substituted. 

In  the  last  paragraph,  it  was  moved,  and  seconded,  after  long 
debate,  to  insert  the  words  "  Christians  of  all  denominations,  " 
instead  of  "  all  sects  and  denominations  of  Christians, "  which, 
being  put,  passed  in  the  affirmative.  The  Convention  then  ad- 
journed to  3  o'clock,  in  the  afternoon. 


46 

Three  o^dock,  F.  M.     Met  according  to  adjournment. 

The  Report  of  the  Committee  on  the  3d  article  being  resumed, 
the  same  was  very  largely  debated,  particularly  the  last  para- 
graph. 

Several  motions  were  made,  which  were  respectively  deba- 
ted, as  additions  to  be  made  to  the  words,  "  Christians  of  all  de- 
nominations," viz.  "  whose  avowed  principles  are  not  inconsis- 
tent with  the  peace  and  safety  of  Society,  *' — "  except  such 
whose  principles  are  repugnant  to  the  Constitution,  " — "  being 
Protestants,  " — "except  Papists,  "  &c.  When  a  motion  was; 
made  and  seconded,  that  the  3d  article  in  the  Declaration  of 
Rights,  with  all  the  amendments,  be  expunged  ; — which,  being 
put,  passed  in  the  negative.  It  was  then  moved,  and  seconded, 
that  the  report  be  taken  up  by  propositions  ; — which,  being  put, 
passed  in  the  affirmative.  The  Report  was  accordingly  taken 
up  and  debated,  by  propositions. 

On  which,  several  amendments  were  proposed  and  debated, 
some  of  which  were  accepted. 

The  whole  Report  with  the  amendments  was  then  put,  and  ac- 
cepted ; — and  the  same  ordered  to  be  inserted  as  the  3d  article 
in  the  Declaration  of  Rights,  instead  of  that  in  the  printed  re- 
port of  the  General  Committee,  as  follows,  viz. 

Art  3d.  "As  the  happiness  of  a  People,  and  the  good  order 
and  preservation  of  Civil  Government,  essentially  depend  upon 
piety,  religion  and  morality,  and  as  these  cannot  be  generally 
diffused  through  a  community,  but  by  the  institution  of  the  pub- 
lick  worship  of  God,  and  of  publick  instructions  in  piety,  re- 
ligion and  morality  ;  therefore,  to  promote  their  happiness,  and 
to  secure  the  good  order  and  preservation  of  their  Government, 
the  People  of  this  Commonwealth  have  a  right  to  invest  their 
Legislature  with  power  to  authorize  and  require,  and  their  Legis- 
lature shall,  from  time  to  time,  authorize  and  require,  the  several 
towns,  parishes,  precincts,  or  other  bodies  politic,  or  religious 
societies,  to  make  suitable  provision,  at  their  own  expense,  for 
the  institution  of  the  publick  worship  of  God,  and  for  the  sup- 
port and  maintenance  of  publick  Protestant  Teachers  of  piety,  re- 
ligion and  morality,  in  all  cases  where  such  provision  shall  not 
be  made  voluntarily." 

^'  And  the  People  of  this  Commonwealth  have  also  a  right 


47 

to,  and  do,  invest  their  Legislature  with  authority  to  enjoin 
upon  all  the  subjects  an  attendance  upon  the  instructions  of 
the  public  teachers  aforesaid,  at  stated  times  and  seasons,  if 
there  be  any  on  whose  instructions  they  can  conscientiously 
and  conveniently  attend." 

"  Provided^  notwithstanding,  that  the  several  towns,  parishes, 
precincts,  or  other  bodies  politic,  and  religious  societies,  shall 
at  all  times  have  the  exclusive  right  of  electing  their  public 
teachers,  and  of  contracting  with  them  for  their  support  and 
maintenance." 

"And  all  monies  paid  by  the  subject  to  the  support  of  pub- 
lic worship,  and  of  the  public  teachers  aforesaid,  shall,  if  he 
require  it,  be  uniformly  applied  to  the  support  of  the  public 
teacher  or  teachers  of  his  own  religious  sect  or  denomination, 
provided  there  be  any,  on  whose  instructions  he  attends,  other- 
wise it  may  be  paid  towards  the  support  of  the  teacher  or 
teachers  of  the  parish  or  precinct  in  which  the  said  monies  are 
raised." 

"  And  Christians  of  all  denominations,  demeaning  themselves 
peaceably,  and  as  good  subjects  of  the  Commonwealth,  shall 
be  equally  under  the  protection  of  the  laws,  and  no  subordina- 
tion of  any  one  sect  or  denomination  to  another  shall  ever  be 
established  by  law." 

The  Convention  then  adjourned  to  to-morrow  morning,  9 
o'clock. 


Thursday,  A.  M.  12th  Nov.  * 

Met  according  to  adjournment. 

The  Rev.  Mr.  Fisk  prayed. 

A  motion  was  made  and  seconded,  That  a  Committee  be  ap- 
pointed to  apply  to  the  General  Court,  for  payment  of  the 
Members  of  this  Convention,  to  be  made  out  of  the  Treasury 
of  this  State  ;  which,  being  put,  passed  in  the  affirmative. 

A  motion  was  then  made  and  seconded.  That  the  same  Com- 
mittee apply  to  the  General  Court,  for  payment  of  such  charges 
as  have  arisen,  or  may  arise,  in  prosecuting  the  business  of  this 
Convention ;  which,  being  put,  passed  in  the  affirmative. 

*  Should  be  11th.  Nov. 


48 

It  was  then  moved  and  seconded,  That  the  Committee  con- 
sist of  three,  and  that  the 

Hon.  Jonathan  Greenleaf,  Esq. 
Major  Seth  Washburn,  and 
Israel  Nichols,  Esq. 

be  a  Committee  for  the  purposes  aforesaid. 

A  motion  was  then  made  and  seconded,  to  go  into  the  con- 
sideration of  the  time  to  which  the  Convention  shall  adjourn, 
when  it  shall  adjourn  for  a  recess,  which,  being  put,  passed  in 
the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  To  go  into  the  consideration  of  the  place  to  which  the 
Convention  shall  adjourn,  when  it  adjourn  for  a  recess. 

On  a  motion,  made  and  seconded, 

Voted^  That  the  first  Wednesday  in  January  next  be  the 
time  to  which  the  Convention  be  adjourned,  when  it  be  ad- 
journed for  a  recess. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Representatives'  Chamber,  in  Boston,  be  the 
place  to  which  the  Convention  be  adjourned,  when  it  be  ad- 
journed for  a  recess. 

On  a  motion,  made  and  seconded. 

Voted,  That  a  Committee  be  appointed  to  prepare  a  suitable 
place  for  the  meeting  of  this  Convention,  in  case  the  Repre- 
sentatives' Chamber  should  be  engaged  at  the  time  to  which 
the  Convention  shall  adjourn. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Delegates  from  the  town  of  Boston  be  a 
Committee  for  that  purpose. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  time  and  place  of  adjournment  be  notified 
in  the  public  newspapers  of  this  State,  and  the  general  and 
punctual  attendance  of  the  members  be  specially  enjoined  in 
the  said  notification,  under  the  signature  of  the  President. 

The  Committee  on  the  12th  and  16th  articles  of  the  Decla- 
ration of  Rights,  not  being  ready  to  report,  the  same  was  di- 
rected to  remain  for  further  consideration  with  said  Committee, 
until  the  adjournment. 


49 

The  Convention  then  went  into  a  free  conversation,  upon  tlie 
connection  of  the  several  parts  of  the  report  of  the  General 
Committee. 

Three  o^clock. 

A  motion  was  made  and  seconded,  That  the  Convention  now 
adjourn  for  a  recess,  which,  being  put,  passed  in  the  affirmative. 

The  Convention  accordingly  stands  adjourned  to  Wednes- 
day, 5th  January,  1780. 

Att.     SAMUEL  BARRETT,  Secretary, 

Cambridge,  12  J^ov.  *  1779. 

Pursuant  to  the  vote  of  the  Convention,  the  following  notifi- 
cation was  published  in  the  several  newspapers,  viz. : 

"  The  gentlemen  of  the  Convention,  for  forming  a  Constitu- 
tion of  Government  for  the  State  of  Massachusetts  Bay,  are 
hereby  notified,  that  their  meeting  stands  adjourned  to  Wednes- 
day, the  5th  of  January  next,  at  the  Representatives'  Chamber, 
in  Boston." 

"  As  the  good  people  of  this  State  are  impressed  with  the 
idea  of  the  necessity  of  a  new  and  good  Constitution  of  Gov- 
ernment, and  have  a  right  to  expect  of  the  present  Convention 
the  exertion  of  their  best  abilities  to  frame  such  an  one  ;  and 
as  the  framing  it,  and  its  acceptance,  when  framed,  must  great- 
ly depend  on  the  collective  wisdom  of  the  Convention  being 
had,  in  the  final  determination  on  every  part  of  it,  but  which 
cannot  be  had  without  a  general  and  constant  attendance ;  I 
am  directed,  by  a  vote  of  the  Convention,  to  enjoin  upon  the 
memhQxs,  from  its  necessity  and  importance,  a  constant  and  gene- 
ral ATTENDANCE  accordiugly." 

"  Gentlemen  do  not  need  to  be  informed,  that  they  will  find 
it  difficult,  if  not  impossible,  to  explain,  to  the  satisfaction  of 
their  constituents,  any  form  of  Government  the  Convention  may 
agree  upon,  unless  they  had  been  present  at  the  debates  and 
entered  minutely  into  the  grounds  and  reasons  of  every  deci- 
sion. Even  the  best  form  may  be  rejected,  for  want  of  such  an 
explanation,  and  removing  objections,  which,  had  they  duly  at- 
tended the  Convention,  might  without  difficulty  have  been  re- 
moved." 

*  See  Note  to  page  47. 


"  A  general  attendance  would  moreover  save  to  the  public  a 
great  expense,  arising  from  the  time  necessarily  spent  in  review- 
ing questions  for  the  information  of  members,  who  were  absent 
when  they  were  first  agitated." 

"  And,  finally,  as  the  business  before  the  Convention  is  not  of 
a  transient  but  permanent  nature,  and  is  designed  for  the  bene- 
fit of  the  remotest  ages  of  this  Commonwealth,  the  presence 
and  assistance  of  the  whole  body  is  expected  and  required  ; 
which  will  have  a  tendency  to  remove  those  local  and  tempora- 
ry prejudices  and  views  which  might  otherwise  endanger  the 
acceptance  of  the  best  Constitution  the  Convention  can  pro- 
pose." 

"  For  these,  and  other  reasons,  an  adjournment  to  so  distant  a 
day  was  deemed  necessary  ;  that,  the  fall  business  being  finish- 
ed, and  the  Session  of  the  General  Court,  as  well  as  the  Cir- 
cuit of  the  Superior  Court  completed,  every  gentleman  might, 
with  the  greater  convenience  to  his  private  affairs  and  those  of 
the  public,  be  able  to  give  his  punctual  attendance  ;  and  the 
very  interesting  object  of  their  convening  be  attained,  in  as 
perfect  a  manner,  and  with  as  little  expense,  as  possible." 

JAMES  BOWDO[N,  President  of  the  Convention, 

P.  S.  The  Printers  in  this  State,  and  those  in  the  neighbor- 
ing States,  who  furnish  any  part  of  this  with  Newspapers,  are 
requested  to  insert  the  above  notification  in  the  same. 

A  true  Copy. 

Att.  SAML.  BARRETT,  Secretary. 

Boston,  20th,  JYov.   1779. 


51 
Representatives  Chamber,  in  Boston,  Jan.  5,  1780. 

The  Convention  met  according  to  adjournment. 

There  being  but  few  members  present,  and  the  travelling 
excessive  bad,  it  was,  after  some  conversation,  thought  expedi- 
ent, and  accordingly  moved  and  seconded,  that  the  Convention 
be  adjourned  to  Friday  next,  at  half  past  two  o'clock,  P.  M. 

A  motion  was  then  made  and  seconded,  that  a  letter  be 
wrote  to  the  Selectmen  of  the  town  of  Braintree,  requesting 
them  to  convene  the  inhabitants,  in  order  to  the  choice  of  one 
or  more  persons  to  represent  them  in  this  Convention,  in  the 
room  of  the  Hon.  John  Adams,  Esq.  who  has  sailed  for  Europe; 
whereupon. 

Voted,  that  the  Secretary  be  directed  to  write  to  the  Select- 
men of  Braintree,  accordingly. 

It  being  suggested  that  the  small  pox  had  made  its  appear- 
ance in  several  places  in  the  town  :  On  a  motion,  made  and  se- 
conded, 

Voted,  That  Major  Goodman,  Col.  Hutchinson,  and  Doct. 
Jarvis,  be  a  Committee  to  make  strict  inquiry  into  the  state  of 
the  small  pox,  and  report  at  the  adjournment. 

The  motion  for  adjournment  being  then  put,  it  passed  in  the 
affimative.  The  Convention  was  accordingly  adjourned  to 
Friday,  at  half  past  2  o'clock,  P.  M. 

Boston,  6  Jan.  1780. 
Gentlemen, 

The  Honorable  Mr.  Adams,  your  late  Delegate  in  the  Conven- 
tion, for  framing  a  new  Constitution  of  Government  for  this 
State,  having  sailed  for  Europe,  on  an  important  appointment 
from  Congress,  and  his  seat  being  thereby  vacated,  I  am  direct- 
ed, by  their  vote  of  yesterday,  to  request  of  you.  gentlemen,  to 
convene  the  inhabitants  of  your  place,  as  soon  as  may  be,  in 
order  to  their  electing  and  deputing  one  or  more  persons  (as 
they  shall  see  fit,  within  the  prescribed  limitation  of  numbers,) 
to  represent  them  in  the  said  Convention. 
I  am,  Gentlemen, 

your  \ery  humble  servant, 

S.  BARRETT,  Secy. 
To  the  Selectmen  of  the  town 

of  Braintree. 

(Copy.) 


62 

Friday,  P.  M.  half  past  2. 

Met  according  to  adjournment. 

The  Committee  on  small  pox  reported  the  following  letter. 

To  the  Gentlemen,  the  Committee  of  Convention  : 

The  Selectmen  of  Boston  acquaint  the  Gentlemen,  the  Com- 
mittee of  Convention,  that  there  are  five  persons  now  sick  of 
the  small  pox,  and  two  others  nearly  ready  to  be  discharged 
from  the  hospital  at  West  Boston.  These  are  the  only  persons 
that,  upon  the  strictest  enquiry  and  examination,  we  can  find 
vi^ith  that  distemper,  and  the  hospital  the  only  house  in  this 
town,  which  is  infected  vv'ith  the  small  pox. 

By  order  of  the  Selectmen, 

WILLIAM  COOPER, 

Town    Clerk. 
Boston,  5  Jan.  1780. 

(Copy.) 

It  was  then  moved,  and  seconded,  that  the  time  to  which  the 
Convention  shall  be  adjourned,  be  Wednesday  next,  at  3  o'clock, 
P.  M. 

It  was  then  moved,  and  seconded,  "  that  notice  be  given  in 
the  Saturday's  and  Monday's  newspapers,  that  the  Convention 
for  forming  a  new  Constitution  have  met,  and  adjourned  to 
Wednesday  next,  at  3  o'clock,  P.  M.  on  account  of  the  difficul- 
ty of  travelling  ;  and  that  it  is  proposed  to  do  business  at  that 
time,  if  a  competent  number  of  the  members  shall  be  then  ar- 
rived ;  if  not,  to  make  short  adjournments  for  that  purpose,  but 
to  proceed  upon  and  finish  the  business,  for  which  they  are 
chosen,  as  soon  as  a  sufficient  number  shall  be  convened  ;  and 
that  the  members  be  earnestly  desired  to  take  notice  hereof, 
and  attend  as  soon  as  possible.  And  that  the  printers  of  the 
several  newspapers  in  Salem,  Worcester,  Hartford  and  Provi- 
dence, be  requested  to  insert  in  them  said  notification;"  which, 
being  put,  passed  in  the  affirmative.  The  motion  for  adjourn- 
ment, being  then  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  Wednesday, 
the  12th  instant,  three  o'clock,  P.  M. 


63 

Wednesday,  3  o'clock  P.  M.  12  Jan. 

The  Convention  met  according  to  adjournment. 

Mr.  Jacob  Eaton  produced  a  certificate  from  the  Selectmen 
of  the  town  of  Bristol,  in  the  County  of  Lincoln,  of  his  appoint- 
ment to  represent  said  town  in  Convention,  and  took  his  seat 
accordingly. 

On  a  motion,  made  and  seconded, 

1st.  Voted,  That  a  Committee  be  appointed  to  apply  to  the 
General  Court  for  a  resolve  making  provision  for  fuel  for  the 
use  of  the  Convention. 

On  a  motion,  made  and  seconded, 

2d.  Voted,  That  a  Committee  be  also  appointed  to  apply  to 
the  General  Court  for  payment  of  such  members  of  this  Con- 
vention as  may  be  detained  in  town  by  reason  of  the  adjourn- 
ments, which  may  be  necessary  in  order  to  the  convening  of  a 
competent  number  to  proceed  to  business,  out  of  the  public 
Treasury. 

On  a  motion,  made  and  seconded, 

3d.  Voted,  That  such  gentlemen  of  the  Convention  as  are 
members  of  the  General  Court  be  a  Committee  for  the  above 
purposes. 

On  a  motion,  made  and  seconded, 

4th.  Voted,  That  the  Convention  be  adjourned  to  Friday 
next,  at  3  o'clock,  P.  M.  and  the  Convention  was  accordingly 
adjourned  to  that  time. 


Friday,  P.  M.   14th,  3  o'clock. 

Met  according  to  adjournment. 

The  travelling  remaining  extremely  difficult,  and  very  few 
members  attending,  it  was  thought  necessary  to  have  a  further 
adjournment,  and  accordingly, 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Convention  be  adjourned  to  Wednesday 
next,  at  1 1  o'clock,  A.  M. 


54 
Wednesday,  19th,  11  o'clock,  A.  M. 

Met  according  to  adjournment. 

The  number  of  members  attending  being  increased,  and  many 
more  on  the  road,  it  was  deemed  eligible  to  make  a  short  ad- 
journment for  better  information,  and  also,  in  some  expectation 
of  a  competent  number  within  a  few  days  to  proceed  to  business, 
and  agreeably,  after  full  debate,  moved,  and  seconded,  "  that 
the  Convention  be  adjourned  to  to-morrow  at  eleven  o'clock  in 
the  forenoon,"  (having  previously  negatived  Wednesday  and 
Friday  next,)  which,  being  put,  passed  in  the  affirmative.  The 
Copvention  was  accordingly  adjourned  to  that  time. 


Thursday,  20th,  11  o'clock,  A.  M. 

Met  according  to  adjournment. 

Several  members  having  arrived  since  the  adjournment,  from 
whose  account  of  the  travelling,  as  well  as  from  circumstances 
mentioned  in  the  course  of  the  debates,  there  appeared  a  great 
probability  of  sufficient  numbers  to  proceed  to  business  next 
week,  it  was  moved,  and  seconded,  "  That  the  Convention  be 
adjourned  to  Wednesday  next  ;"  which,  being  put,  passed  in 
the  affirmative. 

It  was  then  moved,  and  seconded,  "  That  the  time  of  day  to 
which  the  Convention  be  adjourned  be  eleven  o'clock,  in  the 
forenoon,"  which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  adjourned  accordingly. 


Wednesday,  U  o'clock,  A.  M.  26th. 

Met  according  to  adjournment. 

Several  members  being  added  since  the  adjournment,  and 
there  being  a  probability  of  many  more  in  the  afternoon,  on  a 
motion,  made  and  seconded. 

Voted,  That  the  Convention  be  adjourned  to  3  o'clock, 
P.  M.  and  the  Convention  was  adjourned  accordingly. 


55 

Three  6*clock^  P.  M.     Met  according  to  adjournment. 

Major  Danikl  Whitmore  produced  a  certificate  from  the  Se- 
lectmen of  Sunderland,  of  his  appointment  to  represent  the  said 
town  in  this  Convention,  which  being  read,  and  no  objections 
made,  he  took  his  seat  accordingly. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  to-morrow  morning,  eleven  o'clock. 

It  was  moved,  and  seconded,  that,  previously  to  the  adjourn- 
ment, the  members  present  be  enjoined  to  attend  punctually. 

Their  punctual  attendance  was  accordingly  enjoined  by  the 
President  ;  fifty  members  present,  Col.  Dix  then  moved  for 
leave  of  absence  to-morrow,  which  being  proposed  by  the  Pres- 
ident to  the  Convention,  was  granted. 

The  motion  for  adjournment,  being  then  put,  passed  in  the 
aflfirmative. 

The  Convention  was  adjourned  agreeably. 


Thursday  Morning,  11  o'clock,  27th. 

Met  according  to  adjournment. 

The  subject  of  adjournment  being  resumed  and  debated,  a 
question  was  moved,  and  seconded,  *'  That  the  Convention, 
now  proceed  to  the  business  assigned  them,"  which,  being 
largely  debated,  it  was  moved,  and  seconded,  that  the  number 
and  names  of  the  towns  now  represented  be  returned  by  Coun- 
ties, which,  being  put,  passed  in  the  aflirmative,  and  the  follow- 
ing return  was  made,  viz. 

COUNTY  OF  SUFFOLK. 

Towns  of  Roxbury,  Wrentham, 

Milton,  Stoughtonham, 

Foxbury^  Brookline, 

Needham,  Dedham, 

Boston,  Chelsea,  10 


56 


COUNTY  OF  ESSEX. 

Towns  of  Salem,  Ipswich, 

New  bury  port,  Newbury, 

Beverly,  Salisbury, 

Andover,  Amesbury, 
Danvers,  9 

COUNTY  OF  MIDDLESEX. 

Towns  of  Lincoln,  Westford, 

Med  ford,  Dracut, 

Lexington,  Chelmsford, 

Maiden,  Sherburne, 

Billerica,  Woburn, 

Wilmington,  Cambridge, 

Charlestown,  Newton,  14 

^  COUNTY  OF  WORCESTER. 

Towns  of  Worcester,  Leicester, 

Petersham,  Western,  4 

COUNTY  OF  HAMPSHIRE. 

Towns  of   Sunderland,  Brimfield, 

Buckland,  South  Hadley, 

Shutesborough,  5 

COUNTY  OF  BRISTOL. 

Towns  of  Dartmouth,  Easton, 

Mansfield,  Dighton,  4 

COUNTY  OF  BERKSHIRE. 

Stockbridge,  I 

47 


57 


^or 

the 

County 

of  York, 

none 

"    Cumberland, 

do. 

'*    Nantucket, 

do. 

"    Plymouth, 

do. 

"    Barnstable, 

do. 

"    Dukes  County, 

do. 

"    Lincoln, 

do. 

The  question  being  then  put  that  the  Convention  now  pro- 
ceed to  business,  it  passed  in  the  affirmative,  42  out  of  60. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  galleries  be  opened  during  the  sitting  of  the 
Convention. 

It  was  then  moved  and  seconded,  that  the  Convention  be  ad- 
journed to  3  o'clock,  P.  M. 

And  the  Convention  was  adjourned  accordingly. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  President  reminded  the  Convention  of  the  state  of  the 
business  before  them  at  the  adjournment  to  this  town,  particu- 
larly of  the  several  articles  in  the  Declaration  of  Rights,  which 
were  committed,  and  as  the  gentlemen  on  those  Committees 
were  not  present,  it  was  moved,  and  seconded.  That  the  6th 
Chapter  of  the  Constitution,  in  the  Report  of  the  General  Com- 
mittee, which  relates  to  the  University  at  Cambridge,  be  now 
taken  into  consideration,  which,  being  put,  passed  in  the  affir- 
mative. 

It  was  moved,  and  seconded,  that,  previously  th(}reto,  Wed- 
nesday morning  next,  at  1 1  o'clock,  be  assigned  to  consider  the 
subject  of  Representation,  which,  being  put,  passed  in  the  affir- 
mative. The  subject  of  the  University  being  resumed,  and 
the  chapter  aforementioned  read, 

On  a  motion,  made  and  seconded. 

Voted,  That  it  be  considered,  article  by  article. 

The  first  article  in  the  first  section  being  read,  it  was  moved, 
and  seconded,  that  the  words  "  wise  and  pious,"  before  "  Ances- 
tors," be  expunged.     Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded.  That  the  following  proviso 
be  inserted  after  the  word   "  enjoy,"  viz ;  "  Provided  that   the 


66 

same  be  not  inconsistent  with  the  fundamental  rights  of  the 
People  of  this  Commonwealth,  as  stated  in  the  aforegoing  Dec- 
laration of  the  same." 

Which,  being  put,  passed  in  the  negative. 

The  article  was  then  put  as  it  stands  in  the  report,  and  ac- 
cepted. 

The  second  article  was  then  read,  and  the  question  being  put 
on  the  same,  it  was  accepted,  without  amendment. 

The  third  article  being  read,  it  was,  after  some  debate, 
moved  and  seconded,  that  the  further  consideration  of  the  same 
be  postponed. 

Which,  being  put,  passed  in  the  affirmative. 

The  second  section  was  then  read,  and  accepted,  without 
amendment. 

It  was  then  moved  and  seconded,  That  the  Convention  go  into 
the  consideration  of  the  seventh  Chapter  in  the  report. 

Which,  being  put,  passed  in  the  affirmative. 

The  7th  chapter  was  accordingly  read,  and  the  question  be- 
ing put  upon  it,  the  same  was  accepted,  without  amendment. 

A  motion,  was  then  made  and  seconded,  that  the  5th  chapter 
be  now  taken  into  consideration,  which  was  superseded  by  a  mo- 
tion, made  and  seconded,  "  That  a  Committee  be  appointed,  to 
prepare  and  bring  in  an  arrangement  of  the  business,  which  it 
may  be  proper  for  the  Convention  to  proceed  upon  at  the  ad- 
journment." 

Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  consist  of  five. 

Whereupon  the   following  gentlemen    were    nominated,  and 
appointed  a  Committee  for  the  above  purpose,  viz  : 
John  Lowell,  Esq. 
The  Hon.  Judge  Lincoln, 
Tlie  Hon.  Mr.  Pickering, 
Mr.  Jonathan  Jackson,  and 
The  Rev.  Mr.  Haven. 

It  was  then  moved,  and  seconded.  That  the  Convention  be 
adjourned  to  to-morrow  morning,  at  10  o'clock  ;  which  being 
put,  passed  in  the  affirmative,  and  the  Convention  was  adjourn- 
ed accordingly. 


69 


FitiDAV  Morning,  28th,  10  o'clock. 

The  Rev.  Mr.  Clarke   opened  the   Convention  with   prayer. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  wait  on  the  ministers  of  the  Gospel  of  the  several 
denominations  through  the  town,  requesting  them  to  pray  in  ro- 
tation with  the  Convention,  previously  to  entering  upon  business, 
every  morning  during  the  session. 

Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist  of  three.  The  following 
gentlemen,  viz : — Mr.  Gray,  Col.  Gumming,  and  Col.  Dawes, 
were  nominated  and  appointed  a  Committee  for  that  purpose. 

The  Committee  appointed  to  prepare  and  report  an  arrange^ 
ment  of  the  business  proper  for  the  Convention  to  proceed  up-; 
on  at  this  time,  made  report  as  follows  : 

"  The  Committee  chosen  to  make  an  arrangement  of  the 
business  proper  for  the  Convention  to  proceed  upon  immediately, 
beg  leave  to  recommend  that  the  following  articles,  in  the  re- 
port of  the  Committee,  be  considered  in  the  following  success 
sion. 

1.  The  2d  paragraph  in  the  1st  article  in  the  first  section 
of  the  2d  chapter. 

2.  The  2d  article  of  the  same  section — do. 

3.  The  3d  article  in  the  same  section,  excepting  the  clause 
which  respects  the  issuing  monies  out  of  the  Treasury. 

4.  The  4th  article  in  the  3d  section  in  the  same  chapter. 

5.  The  5th    article  of  the  same  section. 

6.  The  8th  article  in  the  same  section. 

7.  The  10th  article  in  the  same  section. 

8.  All  the  paragraphs  but  the  first  in  the  8th  article  of  the 
3d  section  of  the  3d  chapter. 

9.  The  2d    article  in  the  4th  chapter. 

10.  The  5th  article  of  the  same  chapter. 

1 1 .  The  3d    article  of  the  5th   chapter. 

12.  The  4th  article  of  the  same  chapter. 

13.  The  5th  article  of  the  same  chapter. 

14.  The  6th  article  of  the  same  chapter." 


60 

Which  report,  being  read,  it  was  moved,  and  seconded,  that 
the  same  be  accepted. 

Which,  being  put,  passed  in  the  affirmative. 

The  2d  paragraph  under  the  1st  article,  1  sect.  2d  chap- 
ter, was  then  read  and  accepted,  with  the  temporary  substitu- 
tion of  the  words  ''  The  Legislature,"  instead  of  the  word  "they," 
at  the  beginning. 

The  2d  article  in  the  same  section,  being  read,  was  accept- 
ed. 

The  3d  article  in  the  same  section,  excepting  (as  above,)  the 
words  "  to  be  issued,"  &.c.  as  far  as  the  words  "  within  the 
.same,"  being  read, 

On  a  motion,  made  and  seconded, 

Voted,  That  the  same  be  taken  up  by  paragraphs. 

The  1st  paragraph  being  read  as  far  as  "  the  government 
thereof,"  was  accepted. 

The  2d  paragraph,  as  far  as  the  words  "  provided  for,"  being 
read, 

On  a  motion,  made  and  seconded. 

Voted,  That  the  words  "  such  officers  excepted,"  be  expunged. 

The  paragraph  with  the  amendment,  being  then  put,  was  ac- 
cepted. 

The  3d  paragraph,  as  far  as  the  word  "  Constitution,"  being 
read,  was  accepted,  after  inserting  the  words  "  or  affirmations,' 
immediately  after  "  oaths." 

The  4th,  as  far  as  the  word  "  punishment,"  read,  and  voted 
to  be  postponed. 

The  5th,  from  the  words  "  to  impose  and  levy,"  to  the  words 
*'  the  same,"  being  read,  and  after  inserting  the  words  "  duties, 
excises,"  after  the  word  "  rates,"  and  expunging  the  words 
*'  persons  of," 

On  a  motion,  made  and  seconded. 

Voted,  That  this  paragraph  be  committed. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for, 

The  Hon.  Mr.  Pickering, 

Mr.  Lowell,  and 

Judge  Lincoln,  were  appointed. 


61 

The  6th  paragraph  being  read,  from  the  words  "  and  to  dis- 
pose," to  "  defended,"  inclusively  : 

On  a  motion,  made  and  seconded, 

Voted,  That  the  same  be  expunged. 

The  7th  and  last  paragraph,  respecting  valuation  of  estates, 
being  read,  it  was  moved,  and  seconded,  that  the  term  for 
taking  the  same  be  contracted,  which  motion,  after  some  debate, 
was  superseded  by  a  motion,  made  and  seconded,  that  this  par- 
agraph be  recommitted,  which,  being  put,  passed  in  the  affirma- 
tive. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz.         Mr.  Lowell, 

Mr.  Jackson,  and 
Mr.  Appleton. 

The  4th  article,  in  the  3d  section,  in  the  same  chapter,  was 
then  taken  up,  and  read  ;  after  debates  had  on  the  same,  it  was 
moved,  and  seconded,  that  the  further  consideration  of  this  ar- 
ticle be  postponed  until  there  shall  be  a  fuller  Convention. 

Which,  being  put,  passed  in  the  affirmative. 

The  5th  article  was  then  read  ;  when  it  was  moved,  and  sec- 
onded, that  the  words  "  from  among  the  wisest,  most  prudent  and 
virtuous  of  the  freeholders,"  be  expunged.  Which,  being  put, 
passed  in  the  affirmative. 

The  article  was  then  put,  with  the   amendment,  and  accepted. 

The  8th  article,  respecting  adjournments  of  the  House  of  Rep- 
resentatives was  read,  and  accepted. 

The  10th  article  being  read. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  same  be  taken  up  and  considered  by  para- 
graphs. 

The  1st  paragraph,  as  far  as  the  words,  "  in  their  own  House,'* 
being  read,  was  accepted. 

The  2d,  as  far  as  the  word  "  behaviour,""  after  large  de-* 
bate,  was. 

On  a  motion,  made  and  seconded, 

Voted,     To  be  passed  over  for  the  present* 
9 


62 

It  was  then  moved,  and  seconded,  That  the  Convention  be 
adjourned  to  the  afternoon,  at  3  o'clock. 

The  Convention  was  accordingly  adjourned. 

Three  o'clock^  P.  M.     Met  according  to  adjournment. 

The  10th  article  being  resumed,  and  the  several  paragraphs 
distinctly  considered,  and  largely  debated,  it  was  moved,  and 
seconded,    that     the   whole   of    this   article   be    recommitted. 

Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  consist  of  five. 

A  nomination  being  called  for, 

The  Hon.  Brig.  Danielson, 

Mr.  Lowell, 

Mr.  Jackson, 

The  Hon.  Mr.  Pickering,  and 

The  Rev.  Mr.  Thatcher,  were  appointed. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  above  Committee  be  instructed  to  bring  in 
one  or  more  clauses,  by  which  the  privileges,  &c.  of  the  Legis- 
lature shall  be  fully  and  explicitly  stated  and  secured,  the  ex- 
tent of  the  protection  of  its  members  ascertained,  and  its  power 
of  expulsion  prescribed  and  limited. 

The  Committee  on  the  5th  paragraph,  of  the  3d  article,  1st 
section,  and  1st  chapter,  made  report  as  follows  : 

Instead  of  the  words  *'  to  impose  and  levy,"  to  "  the  same," 
that  the  following  paragraph  be  substituted,  viz  : 

"  And  to  impose  and  levy  proportional  and  reasonable  assess- 
ments, rates  and  taxes,  upon  all  the  inhabitants  of,  and  persons 
resident  and  estates  lying  within  the  said  Commonwealth  ;  also 
to  impose  and  levy  reasonable  duties  and  excises  upon  any  pro- 
duce, goods,  wares,  merchandize,  and  commodities  whatsoever, 
brought  into,  produced,  manufactured  or  being  within  the 
same.  " 

Which  amendment,  being  put,  passed  in  the  affirmative. 

The  Committee  on  the  last  paragraph  in  the  same  article 
made  report,  that  the  following  be  substituted  in  lieu  of  the 
same  ;  viz. 


63 

"  And  while  the  public  charges  of  government,  or  any  part 
thereof,  shall  be  assessed  on  polls  and  estates,  in  the  manner 
that  has  hitherto  been  practised,  in  order  that  such  assessments 
may  be  mad»  with  equality,  there  shall  be  a  valuation  of  estates 
within  the  Commonwealth,  taken  anew  once  in  every  ten  years, 
at  the  least ;  and  as  much  oftener  as  the  General  Court  shall 
order.  " 

Which  report,  being  put,  was  accepted. 

It  was  then  moved,  and  seconded.  That  the  Secretary  be  direc- 
ted to  insert  in  the  Saturday's,  Monday's,  and  Thursday's  news- 
papers, and  in  those  printed  in  Worcester,  Providence  and  Hart- 
ford, an  advertisement,  purporting  that  the  Convention  have  en- 
tered upon  the  business  assigned  them  ;  but  that  the  most  im- 
portant subjects  are  not  yet  taken  up,  in  expectation  of  the  at- 
tendance of  much  larger  numbers  of  the  Convention  soon,  and 
earnestly  requesting  as  early  and  general  an  attendance  as 
possible. 

Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voied,  That  Mr.  Lowell  be  joined  with  the  Secretary  in  the 
above  advertisement. 

It  was  then  moved,  and  seconded.  That  the  Convention  be 
adjourned  to  to-morrow  morning,  at  10  o'clock,  and  the  Conven- 
tion was  adjourned  accordingly. 

Pursuant  to  the  above  vote,  the  following  advertisement  was 
inserted,  viz. 

"  The  Delegates  of  the  several  Towns  throughout  this  State, 
for  forming  a  new  Constitution  of  Government,  who  are  absent, 
are  hereby  notified,  that  the  Convention,  on  the  27th  inst.  after 
repeated  adjournments,  resolved  upon  proceeding  to  the  busi- 
ness assigned  them,  and  are  accordingly  now  engaged  in  the 
same." 

"  The  most  important  articles,  such  as  Representation  ; — the 
several  Departments  of  Government,  with  their  respective  pow- 
ers and  checks ; — the  mode  of  appointing  militia  and  other  of- 
ficers ; — and  other  matters  of  great  weight,  have  not,  as  yet, 
been  taken  up,  from  the  expectation  of  a  more  general  atten- 
dance." 

"  It  is,  therefore,  most  earnestly  requested,   that  gentlemen 


64 

would  attend  as  early  as  possible,  that  those  interesting  subjects 
may  be  considered  and  acted  upon,  without  occasioning  an 
unnecessary  delay  to  the  members  who  attend." 

By  order  of  the  Convention, 

S.  BARRETT,  Secretary. 
Boston,  29  Jan.  1 780. 

P.  S.  The  printers  of  the  Worcester,  Providence  and  Hart- 
ford papers  are  desired  to  insert  the  above  advertisement. 


Saturday,  29th,  10  o'clock,  A.  M. 

Met  according  to  adjournment. 

The  Committee  appointed  to  wait  on  the  Clergy  of  the  town 
of  Boston,  to  request  them  to  officiate  as  Chaplains  to  the  Con- 
vention, during  the  session,  reported,  that  they  had  not  as  yet 
completed  the  business  assigned  them,  but  that  they  had  wait- 
ed on  the  Rev.  Dr.  Chauncey,  the  Rev.  Dr.  Mather,  and  the 
Rev.  Dr.  Cooper,  and  that  [the]  two  former  gentlemen  desired 
to  be  excused,  on  account  of  their  age  and  infirmities,  and  the 
inclemency  of  the  season,  but  that  the  Rev.  Dr.  Cooper  would 
attend  the  service,  this  morning. 

It  being  then  moved  and  seconded,  that  the  Convention  pro- 
ceed to  business  ;  a  previous  motion  was  made,  that  a  conven- 
ient place  be  assigned  to  such  gentlemen  of  the  clergy,  who 
shall  officiate  as  chaplains  to  the  Convention,  as  may  incline  to 
attend  the  debates.  Which  motion  was  superseded  by  a  mo- 
tion, made  and  seconded,  that,  on  account  of  the  inclemency  of 
the  season,  the  northwest  corner  of  the  chamber  be  appropria- 
ted to  the  convenience  of  such  gentlemen  as  may  incline  to  be 
present  at  the  debates,  instead  of  the  gallery,  and  that  the  Se- 
cretary notify  the  same  accordingly.  Which,  being  put,  passed 
in  the  affirmative,  and  the  same  was  notified  by  an  advertise- 
ment posted  on  the  door  accordingly. 

The  order  of  the  day  being  called  for,  the  Convention  pro- 
ceeded to  business,   and  the  8th  article,  3d  section,  3d  chap- 


65 

ter,  2d  paragraph,  as  being  next  in  the  arrangement  aforesaid, 
was  read,  and  largely  debated,  when,  on  a  motion  made  and 
seconded,  it  was  voted  that  the  further  consideration  of  the 
same  be  postponed  to  a  fuller  Convention. 

The  2d  article  of  the  4th  chapter  was  then  read,  and,  after 
very  extensive  debates,  the  same  was,  on  a  motion  made  and 
seconded,  voted  to  be  recommitted.  It  being  moved  and  se- 
conded, that  the  Committee  consist  of  seven,  the  same  was  put, 
and  passed  in  the  affirmative.  A  nomination  being  called  for, 
the  following  gentlemen  were  appointed,  viz  : 

The  Hon.    the  President, 
Mr.  Lowell, 
Rev.  Mr.  Clarke, 
Hon.  Mr.  Pickering, 
Mr.  Jackson, 
Mr.  Washburn, 
Mr.  Bradley. 

It  was  then  moved  and  seconded,  that  the  aforesaid  Commit- 
tee ("  for  revising  the  2d  article  in  the  4th  chapter,")  be  in- 
structed to  take  into  consideration  and  report  an  article,  which 
shall  ascertain  what  offices,  to  be  held  under  the  Common- 
wealth, shall  be  declared  incompatible  with  each  other ;  what 
offices  shall  disqualify  the  possessor  from  holding  a  seat  in  eith- 
er House  of  Assembly  ;  and  also  what  number  and  kind  of  of- 
fices, it  may  be  inconsistent  with  the  public  good  should  be 
held  by  any  one  person,  which,  being  put,  passed  in  the  affir- 
mative. 

The  5th  article  in  the  same  chapter  was  then  read  and  ac- 
cepted. 

The  3d  article  in  the  5th  chapter,  being  read,  on  a  motion 
made  and  seconded, 

Voiedy  That  the  same  be  recommitted. 

It  was  moved,  and  seconded,  that  the  Committee  consist  of 
three,  which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  : 

The  Hon.  Judge  Lincoln, 
Mr.  RoBBiNs,  of  Milton,  and 
Mr.  Allen,  of  Worcester. 


66 

It  was  moved  and  seconded,  that  the  report  of  arrangement 
of  business  be  recommitted  to  the  same  Committee  as  brought 
it  in ;  for  such  additions  as  may  be  proper. 

Which,  being  put,  passed  in  the  affirmative.  Rev.  Mr.  Haven, 
(one  of  the  said  Committee,)  being  absent,  it  was  moved  and  sec- 
onded, that  another  gentleman  be  added  to  the  same,  which, 
being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  Rev.  Mr.  Clarke  was  ap- 
pointed. 

Mr.  Clarke  desiring  to  be  excused,  a  nomination  was  called 
for ;  and  Ellis  Gray,  Esq.  added  to  the  Committee. 

It  was  then  moved  and  seconded,  that  the  Convention  be  ad- 
journed to  Monday  afternoon,  at  3  o'clock. 

The  Convention  was  accordingly  adjourned. 


Monday,  P.  M.  3  o'clock,  31st. 

On  a  motion,  made  and  seconded, 

Voted,  That  exact  punctuality  in  attendance,  at  the  hour  of 
adjournment,  be  enjoined  upon  the  members  of  the  Convention. 

The  Committee  for  arrangement,  not  being  ready  to  report, 
the  4th  article,  5th  chapter,  was  taken  up  and  debated,  the 
question  upon  which,  being  put,  the  same  was  accepted. 

The  5th  article  was  then  read. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  further  consideration  of  this  article  be  sus- 
pended, until  there  shall  be  a  fuller  Convention. 

The  6th  article  being  read  and  debated,  it  was,  on  a  motion 
made  and  seconded. 

Voted,  That  the  same  be  taken  up  in  paragraphs. 

The  first  paragraph  being  read  as  far  as  the  word  "  manner," 
the  same  was  accepted.  The  2d  being  then  taken  up  from  the 
words  "  and  shall,"  to  the  end. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  same  be  recommitted  for  alterations. 

On  a  motion,  made  and  seconded, 


67 

Voted,  That  the  Committee  consist  of  three. 
A  nomination  being  called  for,  the  following  gentlemen,  viz : 
John  Lowell,  Esq. 
The  Hon.  Mr.  Adams,  and 
''  The  Hon.  Judge  Lincoln, 

were  appointed  ,  after  which, 

The  Committee  for  arrangement  made  the  following  report 
of  additional  articles,  to  be  acted  upon  in  their  order,  by  the 
Convention,  viz : 

15.  The  1st  paragraph,  of  the  1st  article,  in  the  1st 
section,  of  the  2d  chapter,  P^g®  15* 

16.  The  1st  paragraph,  1st  article,  2d  section,  same 
chapter,  "     18 

17.  The  2d  article  of  the  same  section,  "     19 

18.  The  4th  article  of  the  same  section,  "     22 

19.  The  5th  article  of  the  same  section,  "     23 

20.  The  6th  article  of  the  same  section,  "     23 

21.  The  7th  article  of  the  same  section,  "     23 

22.  The  8th  article  of  the  same  section,  "     23 

23.  The  3d   article   of  the   3d   section,    in  the   2d 
chapter,  "     26 

24.  The  6th  article  of  the  same  section,  "     27 

25.  The  7th  article  of  the  same  section,  "     28 

26.  The  ist,  2d,  3d  and  4th  articles  of  the  1st  sec- 
tion, in  the  3d  chapter,  pages  29-30 

27.  The  whole  fo  the  2d  section,  in  the  3d  chapter,  "    37-38 

28.  The  whole  of  the  3d  section,  in  the  same  chap- 
ter, not  yet  acted  upon,  pages  39-40-41 

29.  The    whole    of   the    4th   section,   of    the    same 
chapter,  page  42 

30.  The   remainder  of   the    1st  section,  in   the  3d 
chapter,  beginning  at  the  5th  article,  "     31 

31.  The  whole  of  the  4th  chapter  not  as  yet  acted  upon,  "     43 

32.  The  whole  of  the  5th  chapter  not  acted  on,  44-45 

33.  The  whole  of  the  6th  chapter  not  acted  on,  page  47 

34.  The   last   paragraph,  of  the  1st  article,  2d  sec- 
tion, of  the  2d  chapter,  "     19 

*  Reference  is  here  probably  made  to  the  printed  Copy  of  the  Report  of 
the  Committee  for  preparing  a  frame  of  Government.  (See  page  36  of  this 
volume.) 


page 

27 

i( 

27 

(( 

26 

(( 

17 

u 

24 

(( 

24 

ii 

27 

68 

35.  The  3d  article  of  the  same  section,  "     21 

36.  The  6th   article   of   the   3d   section,  of  the  2d 
chapter, 

37.  The  7th  article  of  the  same  section, 

38.  The  3d  article  of  the  3d  section,  2d  chapter, 

39.  The  last  paragraph,  of  the  1st  article,  in  the  2d 
chapter, 

40.  The  1st  article  of  the  same  section, 

41.  The  2d  article  of  the  same  section, 

42.  The  9th  article  of  the  same  section, 

Previously  to  acting  upon  the  preceding  report,  the  Commit- 
tee on  the  3d  article,  in  the  5th  chapter,  last  paragraph,  report- 
ed the  following  substitute  for  the  same,  viz  : 

"  They  shall  bear  test  of  the  first  Justice  of  the  Court,  to 
which  they  shall  be  returnable,  who  is  not  a  party,  and  be 
signed  by  the  Clerk  of  such  Court." 

Which,  being  read  and  accepted,  the  whole  article,  with  the 
preceding  amendment,  was  then  put  and  accepted. 

The  report  of  the  Committee  of  arrangement  was  then  taken 
up,  and  the  first  paragraph,  of  the  1st  article,  1st  section,  in  the 
*lst  chapter,  was  read.  The  same  being  largely  debated,  and 
several  amendments  proposed,  the  further  proceedings  thereon 
were  suspended,  by  a  motion  made  and  seconded,  that  the 
Convention  be  adjourned  to  to-morrow  morning,  10  o'clock, 
which,  being  put,  passed  in  the  affirmative,  and  the  Convention 
was  adjourned  accordingly. 


Tuesday  Morning,  1st  Feb.,  10  o'clock. 

Met  according  to  adjournment. 

The  1st  paragraph,  of  the  1st  article,  1st  section,  and  2d 
chapter,  was  resumed,  and  debated. 

It  was  then  moved  and  seconded.  That  the  following  words 
be  substituted,  viz  : 

"  That  in  the  department  of  legislation,  there  shall  be  a 
Senate  and  House  of  Representatives,  each  of  which  shall  have 
a  negative  on  the  other,"  which,  being  put,  passed  in  the  affir- 
mative. 

*  Probably  mistake,  should  be.  it  is  thought,  2d  chapter. 


69 

On  a  motion,  made  and  seconded, 

Voted,  To  reconsider  the  last  vote,  the  paragraph  then  lying 
open  to  debate. 

The  question  upon  the  same  being  called  for,  a  previous 
question  was  moved  and  seconded,  viz :  That  should  the  para- 
graph in  the  present  form  be  accepted,  the  terms,  in  which  it 
now  stands,  shall  not  preclude  debate  on  the  3d  paragraph  in 
the  same  article,  which,  being  put,  passed  in  the  affirmative. 

The  paragraph,  as  it  now  stands  in  the  report,  was  then  put 
and  accepted. 

The  first  paragraph,  of  the  1st  article,  2d  section,  2d  chapter, 
was  then  read  and  debated. 

On  a  motion,  made  and  seconded, 

Foted,  That  the  words  "  Counsellors  and,"  be  expunged, 
through  the  paragraph. 

The  debates  were  then  suspended,  by  the  Convention  being 
called  to  morning  prayers — the  Rev.  Mr.  Howard  attending  for 
that  purpose  ;  after  which,  the  debates  were  resumed,  and 

On  a  motion,  made  and  seconded,  it  was 

Voted,  That  the  article  be  taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  Election,"  was  accordingly 
read  and  debated. 

The  question  being  called  for,  the  paragraph  was  accepted : 
28  out  of  4G. 

A  motion  was  made  and  seconded,  That  the  Convention  be 
adjourned  to  3  o'clock,  P.  M.  :  which,  being  put,  passed  in  the 
affirmative,  and  the  Convention  was  adjourned  accordingly. 

Three  o^clock,  P.  M.    Met  according  to  adjournment. 

On  a  motion,  made  and  seconded, 

Voted,  That  as  the  weather  is  moderate,  the  galleries  be 
again  opened. 

The  2d  paragraph,  1st  article,  2d  section,  1st  chapter,  was 
read,  and  after  being  very  largely  debated,  the  same  was  put, 
and  accepted,  by  a  general  vote. 

The  3d  paragraph,  as  far  as  the  proviso,  was  then  read,  and 

10 


70 


fully  debated,  when  the  further   consideration  of  the   same  was 
suspended  by  a  motion,  made  and   seconded,  that  the  Conven- 
tion be  adjourned  to  to-morrow  morning,  10  o'clock. 
The  Convention  was  adjourned  accordingly. 


Wednesday  Morning,  10  o'clock. 

Met  according  to  adjournment. 

The  3d  paragraph,  1st  article,  2d  section,  in  the  2d  chapter, 
was  resumed  and  debated. 

The  order  of  the  day  being  called  for,  it  was  moved  and  se- 
conded, that  the  debates  upon  the  paragraph  under  considera- 
tion subside  for  the  present,  and  that  the  Convention  take  up 
the  subject  of  Representation,  which,  being  put,  passed  in  the 
negative. 

The  Rev.  Mr.  Stillman  then   prayed  with  the  Convention. 

On  a  motion,  made  and  seconded, 

Voted,  That  to-morrow,  at  1 1  o'clock,  A.  M.  be  assigned  to 
consider  the  subject  of  Representation.  It  was  then  moved 
and  seconded,  That  the  paragraph,  which  has  been  under  con- 
sideration this  morning,  until  the  order  of  the  day  was  called 
for,  be  postponed  until  to-morrow  afternoon,  3  o'clock,  which, 
being  put,  passed  in  the  negative. 

The  paragraph  aforesaid  was  accordingly  again  under  consid- 
eration, and  largely  debated. 

The  question  being  called  for,   the  same  was  voted  39  in   57. 

The  4th  paragraph,  containing  the  proviso,  was  then  read  and 
debated. 

It  was  moved  and  seconded.  That  the  words  '•  more  than  six- 
teen nor,"  be  expunged,  which,  being  put,  passed  in  the  affir- 
mative. 

It  was  then  moved  and  seconded,  That  the  word  "thirteen,"  be 
substituted  instead  of  the  word  "  ten,"  which,  being  put,  pass- 
ed also  in  the  affirmative. 

The  whole  paragraph,  with  the  amendment,  was  then  put, 
and  accepted. 

The  2d  article,  in  the  same  section,  which  prescribes  the  time 
and  mode  of  electing  and  returning  Senators,  was  then  read. 


71 

On  a  motion,  made  and  seconded,  That  the  words  "  Coun- 
sellors and,"  through  the  article  be  expunged,  which,  being  put, 
passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  article  be  taken  up  in  paragraphs. 

The  1st  paragraph  as  far  as  District,  being  read  and  debated. 

On  a  motion,  made  and  seconded. 

Voted,  That  Judge  Lincoln  be  desired  to  consult  the  law  of 
this  State  respecting  the  removal  of  poor  persons  to  towns  of 
which  they  arc  not  inhabitants,  and  make  report. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Convention  be  adjourned  to  3  o'clock,  P. 
M.  and  the  Convention  was  adjourned  accordingly. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

Judge  Lincoln  reported  the  Law  or  Act  of  the  State,  made 
and  passed  in  the  7th  year  of  the  reign  of  George  the  Third, 
(Chapter  3)  page  359,  entitled  "  an  act  in  addition  to  the  seve- 
ral laws  already  made  relating  to  the  removal  of  poor  persons 
out  of  the  towns  whereof  they  are  not  inhabitants,"  which,  be- 
ing read,  a  debate  ensued  on  the  question,  what  constitutes  in- 
habitancy, after  which  the  1st  paragraph,  in  the  2d  article,  2d 
section,  2d  chapter,  being  again  under  consideration,  it  was 
moved  and  seconded,  that  the  words  "inhabitant  of  such 
town,"  be  inserted  in  lieu  of  persons,  and  the  words  "  resident 
in  such  towns  one  year  next  preceding  the  annual  election  of 
Senators." 

It  was  also  moved,  that  the  word  "  inhabitant,"  be  substituted, 
and  a  Committee  be  appointed  to  give  a  proper  explanation  of 
ihe  term,  also  that  the  words  "  inhabiting  or  dwelling,"  [be  in- 
serted] in  lieu  of  the  word  "  residing." 

Which  several  motions  were  respectively  superseded  by  a 
motion  made  and  seconded,  that  the  paragraph,  as  far  as  the 
words  "  next  preceding  the  annual  election  of  Senators,"  be 
committed,  which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  viz  : 
Mr.  Lowell, 
Mr.  Sumner,  and 
Genl.  Brooks,  were  appointed. 

A  previous  motion  was  then  made  and  seconded,  that  the 


words  "each  town,"  be  substituted  in  lieu  of  "all  the  towns,"  in 
the  second  sentence  of  the  paragraph,  before  commitment. 
Which,  being  put,  passed  in  the  affirmative. 
A  motion   was  then  made  and   seconded,  that  the   paragraph 
be  now  committed,  which,  being  put,  passed  in  the  affirmative. 
The  last  clause  in  the  paragraph  was  then  read  and  accepted. 
The  2d  paragraph  was  then  taken  up,  and,  after  some  debate, 
it  was  moved  and  seconded,  that  the  words,  "and   shall  be  un- 
der oath,'*  &c.  to  the  end  of  the  paragraph,  except  the  words 
"  impartially,"  "  and,"  be  expunged, — and  the  preceding  words 
of  this  paragraph  be  connected  with  the  next  paragraph. 
The  same,  being  put,  passed  in  the  affirmative. 
The   two   paragraphs  being  thus  blended,  it  was  moved   and 
seconded,   that  the   words  "  the  selectmen,"  before  the  words 
"  shall  receive,"   be  expunged,  which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved   and  seconded,  that  the   words  "  present 
and,"  be  inserted  between  the  words  "  towns  "  and  "  qualified." 
The   question  on   the  paragraph  was  then  put,  and  the  same 
was  accepted. 

The  3d  paragraph  being  then  read,  the  same  was  accepted. 
The  4th   article  in  the  same  section,  as   next  in  order  in  the 
arrangement,  was  then  taken  up. 

Previously  to  entering  upon  which,   it  was  moved  and  secon- 
ded, that  a  clause   be    added   to   the  article   last  passed  upon, 
giving  the  selectmen  power  to  receive  the  votes  of  such   per- 
sons as  may  be  absent  on  the. election  of  Senators, 
A  previous  question  was  then  moved,  viz  : 
Whether  any  addition  be  made  to  the  said  article. 
It  was  also  moved,  and  seconded,  that  some  method  be  adopted 
in  the  Constitution,  either  by  fine  or  otherwise,  to  induce  a  gen- 
eral attendance  of  the  freeholders  on  elections. 

Which  several  motions  were  superseded  by  a  general  motion, 
made  and  seconded.  That  a  Committee  be  appointed,  to  con- 
sider and  report  some  mode  of  inducing  a  general  attendance 
of  the  freeholders  on  the  election  of  Senators  and  Representa- 
tives, and  also  of  the  expediency  of  an  article,  which  shall  em- 
power the  Selectmen  of  the  several  towns  through  the  State, 
under  certain  restrictions,  to  receive  the  votes  of  such  persons 


73 

as  may  be  absent  on  such  elections.     Which,  being  put,  passed 
in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  viz. 
The  Hon.  Mr.  Paine, 
Mr.  Lowell, 
Mr.  Jackson, 
Mr.  Bement,  and 

The  Hon.  Mr.  Adams,  were  appointed. 
It  was  then  moved,  and  seconded,  that  the  seats  in  the  north- 
west corner  of  the  chamber  be  assigned    (while  unoccupied  by 
the  Convention)   be  appropriated    to   the   convenience  of  such 
gentlemen  of  the  Honorable  Board  of  Counsellors  of  the  State, 
who  may  incline  to  be  present  at  the  debates. 
Which,  being  put,  passed  in  the  affirmative. 
The  4th  article  was  then  resumed. 
On  a  motion,  made  and  seconded. 
Voted,  That  the  same  be  taken  up  in  paragraphs. 
The  1st  paragraph  being  read,  as  far  as  the  word  "  members," 
it  was  moved,  and  seconded,  [that]  "  as  pointed  out  in  the  Con- 
stitution," be  added  after  the  word  "members,"  which,  being 
put,  passed  in  the  affirmative  ;  it  was  then  moved,  and  seconded, 
that  the  word  "  however,"  in   the   1st  line  be  expunged,  which, 
being  put,  passed  in  the  affirmative. 

The  question  being   then  put  upon  the   paragraph,  the  same 
was  accepted  with  the  amendments. 

The  2d  paragraph  being  read,  and  sundry  amendments  pro- 
posed, it  was  moved,  and  seconded,  that  the  same  be  passed 
over  for  the  present,  subject  however  to  revision  ; 
Which,  being  put,  passed  in  the  affirmative. 
The  3d  paragraph,  as  far  as  "district,"  in  the  last  line  but 
two,  being  read,  and  debated,  the  further  consideration  of  the 
same  was  postponed,  by  a  motion,  made  and  seconded,  that  the 
Convention  be  adjourned  to  to-morrow  morning,  9  o'clock, 
which,  being  put,  passed  in  the  affirmative,  and  the  Convention 
was  adjourned  accordingly. 


Thursday,  A.  M.  9  o'clock,  3d  Feb. 
Met  according  to  adjournment. 
The  3d  paragraph,  4th  article,  2d  section,  2d  chapter,  was  re- 


74 

sumed  and  debated.  It  was  then  moved,  and  seconded,  that 
the  words  "  shall  take  the  names  of  such  persons  as  shall  be 
found  to  have  the  highest  number  of  votes  in  such  district  and 
not  elected,  amounting  to  twice  the  number  of  Senators  want- 
ing, if  there  be  so  many  voted  for,"  be  substituted  in  lieu  of  the 
words  "shall  take,"  &,c.  as  far  as  the  words  "  not  elected," 
which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved  and  seconded,  to  add  to  the  word  "ma- 
jority," the  words  "or  in  case  there  should  not  be  a  majority, 
at  least  two  fifths  of  the  votes,"  and  to  the  words  "  highest 
numbers,"  "  not  less  th^n  one  quarter,"  and  at  the  close,  that 
the  addition  be  made  of  the  following  words,  viz  :  "and  in 
case  no  person  has  so  many  as  one  quarter  of  the  votes,  the  two 
Houses  shall  choose  the  number  of  Senators  wanting,  out  of  the 
county  at  large." 

It  was  also  moved  and  seconded,  that  the  words  following  be 
introduced  viz  :  "  In  case  there  shall  be  no  majority,  the  two 
Houses  shall  choose  out  of  those,  who  have  not  less  than  two 
fifths  of  the  votes,  the  number  of  Senators  wanting  ;  but  in 
case  no  person  shall  have  two  fifths  of  the  votes,  then  the 
choice  be  renewed  by  the  electors." 

It  was  also  moved  and  seconded,  that  the  choice  of  Senators 
be  made  by  deputies  from  the  several  towns,  to  meet  in  county 
or  district  conventions,  for  that  purpose.  Withdrawn  for  the 
present. 

The  Rev.  Mr.  Lathrop  was  introduced,  and  prayed  with  the 
Convention. 

The  order  of  the  day  being  called  for,  on  the  question 
whether  the  Convention  will  now  proceed  to  consider  the  sub- 
ject of  Representation,  it  was  nioved  and  seconded,  that  the 
same  be  referred  to  to-morrow  morning,  at  1 1  o  clock,  which, 
being   put,  passed  in  the  affirmative. 

The  several  motions  previous  to  the  last,  were  then  taken  up, 
and  debated  generally,  when,  on  a  motion,  made  and  seconded, 

Voied,Thai  Mr.  Lowell,  was  [be]  directed  to  reduce  to  writ- 
ing his  motion,  and  report  the  same  at  the  adjournment,  for  the 
consideration  of  the  Convention. 

It  was  then  moved  and  seconded,  that  the  Convention  do  not 
in  future  adjourn  until  half  past  one,  which,  being  put,  passed 
jp  the  negative. 


75 

It  was  then  moved  and  seconded,  that  the  Convention  be 
now  adjourned  to  3  o'clock,  P.  M. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  3d  paragraph,  the  4th  article,  2d  section,  2d  chapter, 
was  again  taken  up. 

Mr.  Lowell,  not  being  ready  to  report,  it  was  moved  to  pro- 
ceed to  the  next  paragraph. 

The  4th  paragraph  being  connected  with  the  preceding,  it 
was,  on  a  motion  made  and  seconded, 

Voted^  To  proceed  to  the  next  and  5th  article,  and  to  consid- 
er tfie  same  in  paragraphs. 

The  1st  paragraph  was  then  read  and  debated,  when  it  was 
moved  and  seconded,  that  the  word  "Protestant,"  be  inserted  in 
lieu  of  the  word  "  Christian,"  which,  being  put,  passed  in  th© 
negative. 

The  question  was  then  put  upon  the  paragraph  so  far  as  it 
takes  up  the  qualification  of  religion.  The  same  was  rejected, 
and  the  words  "  of  the  Christian  religion  and,"  voted  to  be  ex- 
pur  g.^d. 

The  2d  paragraph,  as  far  as  £300  at  least,  was  then  read,  when 
it  was  moved  and  seconded,  that  the  words  "  seized  in  his  own 
right  of  a  freehold,"  be  expunged,  and  the  words  "  possessed 
of  an  estate  real  or  personal,"  be  inserted.     Withdrawn. 

It  was  also  moved  and  seconded,  that,  after  the  words  "  at 
least,"  be  added  the  following  words—"  seized  or  possessed  of 
personal  estate  to  the  value  of  six  hundred  pounds."  41  out 
of  59. 

The  3d  and  last  paragraph  was  then  read,  and  after  some  de- 
bate, it  was  moved  and  seconded,  that  the  word  "  seven,"  be  ex-' 
punged,  and  the  word  "  three,"  be  substituted,  which,being  put^ 
passed  in  the  affirmative. 

It  was  then  moved  and  seconded,  to  expunge  the  word 
"  three,"  next  succeeding  to  the  word  "  years,"  and  substitute 
the  word  "  one,"  which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved  and  seconded,  that  the  last  vote  be  recon- 
sidered, which,  being  put,  passed  in  the  affirmative. 


76 

It  was  then  moved  and  seconded,  that  the  words  "  three  of 
which,"  be  expunged,  which,  being  put,  passed  in  the  affirma- 
tive. 

It  was  then  moved  and  seconded,  that  the  word  "  five,"  be 
substituted  in  lieu  of  the  word  "  three,"  which,  being  put,  pass- 
ed in  the  affirmative. 

It  was  then  moved  and  seconded,  that  the  words  "  at  the  time 
of  his  election  he  shall  be  an  inhabitant,"  be  inserted  between 
the  word  "  and,"  and  the  word  "  in,"  in  the  last  line,  which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  then  moved  and  seconded,  that  the  words  'or  of  both 
to  the  amount  of  the  same  sum,"  be  added  immediately  after 
the  words  "  six  hundred  pounds  at  least,"  which,  being  put, 
passed  in  the  affirmative. 

Mr.  Lowell  then  reported  the  following  paragraph,  w^hich 
was  moved  and  seconded,  to  be  a  substitute  to  the  3d  paragraph, 
in  the  preceding  article,  viz  : 

And  in  case  the  Senators  of  any  district,  or  either  of  them, 
are  not  elected  by  a  majority  of  the  votes  returned,  then  the 
vacancy  or  vacancies  shall  be  filled  up  by  the  Senate  and 
House  of  Representatives,  out  of  the  number  of  those  voted 
for,  who  shall  be  found  to  have  more  than  two  fifths  of  the 
votes  returned  from  such  district,  provided,  there  are  among 
those  who  have  not  been  chosen,  as  many  as  three  persons  to 
two  vacancies,  who  have  more  than  two  fifths  of  such  votes  ; 
and  if  there  should  not  be  so  many,  so  qualified,  then  such  as 
are  still  unchosen,  shall  be  elected  out  of  those  who  have  one 
fifth  part,  at  least,  of  the  votes  returned,  taking  double  the 
number  of  those  so  qualified,  if  so  many  there  be,  and  those 
w^ho  have  the  greatest  number  of  votes,  and  from  thence  filling 
up  such  vacancy  or  vacancies  ;  and  if  there  shall  not  be  as  many 
as  three  to  two  for  filling  up  such  vacancy  or  vacancies,  who  have 
one  fifth  part  of  the  votes  returned  from  such  district,  then  the 
Senate  and  House  of  Representatives  may  fill  up  such  vacancy  or 
vacancies,  by  an  election  of  any  person  or  persons  qualified  as 
by  this  Constitution  is  required,  out  of  the  district  at  large. 
Which  report  was  postponed,  by  a  motion  made  and  seconded, 
that  the  Convention  do  now  adjourn  to  to-morning,  9  o'clock. 


77 


4th  Feb.  Friday  Morning,  9  o'clock. 

The  Convention  met  according  to  adjournment. 

The  6th  article,  2d  section,  2d  chapter,  was  then  read,  and 
accepted. 

The  7th  article,  the  same  section,  was  then  read,  and  ac-* 
cepted. 

The  3d  article,  od  section,  the  same  chapter,  was  read,  and 
voted  to  be  considered  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  written  votes,"  read  and  ac- 
cepted. 

The  2d  paragraph,  as  far  as  "  Christian  religion,"  was  then 
read,  whereupon  moved  and  seconded,  that  the  words  "  he  be 
of  the  Christian  religion  and,"  be  expunged,  and  that  the  word 
"  he,"  be  inserted   between  the  words   "  election,"  and  "  shall.'* 

The  Rev.  Mr.  Stillman  was  then  introduced,  and  prayed 
with  the  Convention. 

A  previous  question  was  then  moved  and  seconded,  that  a 
general  clause  be  introduced,  which  shall  exclude,  from 
any  seat  in  the  government  of  this  Commonwealth,  any  sort  of 
persons  who  hold  that  any  foreign  jurisdiction,  civil  or  ecclesi- 
astical, hath  any  controlling  power  or  authority,  over  the  gov- 
ernment, or  subjects  of  the  same,  which  motion  was  superseded 
by  a  motion,  made  and  seconded,  that  a  Committee  be  appoint- 
ed to  form  a  declaration,  or  test,  wherein  every  person,  before 
he  takes  his  seat  as  a  Representative,  Senator,  or  Governor,  or 
enters  upon  the  execution  of  any  important  office  or  trust  in 
the  Commonwealth,  shall  renounce  every  principle  (whether  it 
be  Roman  Catholic,  Mahometan,  Deistical,  or  Infidel,)  which  has 
any  the  least  tendency  to  subvert  the  civil  or  religious  rights  es- 
tablished by  this  Constitution. 

Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  vi2. 
The  Hon.  Mr.  Pickering, 
Mr.  Phillips, 

Mr.    GORHAM, 

Mr.  Hall,  and 

The  Hon.  Mr.  A!>ams,  were  appointed. 
U 


78 

The  order  of  the  day  being  called,  it  was  moved  and  second- 
ed, that  the  subject  of  Representation  be  now  considered, 
whereupon  a  motion  was  made,  and  seconded,  that  the  number 
of  towns  be  returned  by  Counties. 

It  was  (previous  to  the  motion  for  adjournment,)  moved  and 
seconded,  that  the  consideration  of  the  subject  of  Representa- 
tion be  assigned  to  Wednesday  next,  at  eleven  o'clock. 

A  previous  question  was  then  moved  and  seconded,  whether 
the .  question  be  now  put,  which  motion  was  superseded  by  a 
motion,  made  and  seconded,  that  the  Convention  now  adjourn, 
which,  being  put,  passed  in  the  affirmative,  and  the  Convention 
was  accordingly  adjourned  to  3  o'clock,  P.  M. 

I^riday  P.  M.,  three  o'clock. 

Met  according  to  adjournment. 

It  was  moved,  and  seconded,  that  the  question  moved,  and 
seconded,  in  the  morning,  *'  whether  the  question  relative  to  the 
return  of  House  by  Counties  be  put,"  be  assigned  to  5  o'clock, 
this  afternoon  ;  which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  question  moved, 
and  seconded,  in  the  morning  : — "  whether  the  further  consider- 
ation of  the  subject  of  Representation  be  postponed  to  Wed- 
nesday next  at  1 1  o'clock,"  be  assigned  to  6  o'clock,  this  after- 
noon. 

It  was  moved,  and  seconded,  that  reference  might  be  had  to 
the  1st  article,  2d  section,  2d  chapter,  and  the  words  "  in  and," 
in  the  6th  line  be  expunged.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  to  proceed  in  the  consid- 
eration of  the  3d  article,  3d  section,  which  was  under  debate  in 
the  morning,  which,  being  put,  passed  in  the  affirmative. 

The  2d  paragraph  was  accordingly  resumed,  and,  on  a  motion, 
made  and  seconded. 

Voted,  To  pass  over  the  same  for  the  present. 

The  3d  paragraph  was  then  read,  and  the  1st  part  of  the  same 
accepted  ;  the  2d  part  of  it  being  read,  it  was  moved,  and  secon- 
ded, that  the  words,  "  or  any  other  rateable  estate  to  the  value 
of  two  hundred  pounds,"  be  added  after  the  word  "  pounds,'} 
which,  being  put,  passed  in  the  affirmative. 


79     ^ 

The  4th  paragraph  being  read,  it  was  moved,  and  seconded, 
that  the  words  to  be  "qualified  as  abovementioned,"  be  substi- 
tuted in  lieu  of  the  words  "  be  a  freeholder  within  the  same." 

Which,  being  put,  passed  in  the  affirmative. 

The  6th  article,  in  the  same  section,  was  read  and  ac- 
cepted. 

The  7th  article,  in  the  same  section,  was  then  read  and  ac- 
cepted. 

The  1st  article,  1st  section,  3d  chapter,  was  then  read,  where- 
upon, on  a  motion,  made  and  seconded, 

Voted,  To  reconsider  the  3d  paragraph  of  the  4th  article,  2d 
section,  page  22d,  and  the  report  of  a  substitute,  made  by  Mr. 
Lowell,  for  the  same,  was  read  and  considered. 

It  was  moved,  and  seconded,  to  take  up  the  same  in  para- 
graphs, which,  being  put,  passed  in  the  affirmative. 

[The]  1st  paragraph  was  then  read  as  far  as  the  word  "  dis- 
trict," in  the  6th  line,  and  debated,  when  it  was  moved,  and  sec- 
onded, that  the  Convention  go  into  consideration  of  some  mode 
to  fix  upon  an  adjournment  of  the  several  town  meetings  con- 
vened for  the  election  of  Senators,  over  the  precise  day  stated  in 
the  report  of  the  general  committee,  for  the  declaration  of  the 
choice  of  Senators,  or  for  filling  up  such  vacancies  as  may  hap- 
pen, and  also  of  a  mode  of  seasonably  notifying  the  electors,  '\v\ 
order  to  a  new  choice,  in  case  of  such  vacancies. 

Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  consist  of  five. 

A  nomination  being  called  for. 

The  Hon.  Mr.  Choate, 
Maj.  Washburn, 

Mr.  GORHAM, 

Mr.  West,  and 
Mr.  Bement,  were  appointed. 
It  was  then  moved,  and  seconded,  that  the  election  of  Sena- 
tors be  made  by  Delegates  from  the  several   towns   in  County 
Conventions. 

It  was  also  moved,  and  seconded,  that  the  person  or  persons, 
to  whom  the  return  of  votes  for  Senators  is  directed  by  the 
Constitution  to  be  made,  and  no  person  shall  be  found  to  have 


.      80 

the  majority  of  votes,  shall  take  double  the  number  of  those  who 
shall  have  the  highest  number  of  votes,  and  return  the  same  to 
the  electors,  in  order  that  the  vacancies  may  be,  by  them,  filled 
up  out  of  the  said  numbers  thus  returned  to  them. 

Five  o^dock. 

The  order  of  the  day  being  called  for, 

It  was  debated  largely,  whether  the  previous  question  afore- 
said be  now  put,  whereupon  the  motion  for  the  same  was  with- 
drawn, and  the  motion  for  a  return  of  the  House  by  Counties 
put  and  passed  in  the  affirmative.  The  return  was  accordingly 
made,  upon  which  it  appeared,  that  sixty  two  towns  were  rep- 
resented by  eighty  four  members. 

Six  o'clock. 

The  order  of  the  day  being  called  for,  and  the  question, 
whether  the  subject  of  Representation  shall  be  assigned  (to  be 
considered  by  the  Convention,)  to  1 1  o'clock,  on  Wednesday 
next,  A.  M. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  a  distant  day  ;  which,  being  fully  debated,  the  mo- 
tion on  the  order  of  the  day  was  put,  and  passed  in  the  affir- 
mative. 

A  debate  ensuing  on  the  propriety  of  putting  the  motion  for 
[the]  order  of  the  day  before  the  motion  for  adjournment  to  a 
distant  day,  it  was  moved,  and  seconded,  that  the  vote  for  as- 
signment be  reconsidered,  which,  being  put,  passed  in  the  neg- 
ative. 

It  was  then  moved,  and  seconded,  that  Wednesday  next  be 
assigned  to  the  further  consideration  of  the  motion  for  adjourn- 
ment to  a  distant  day  ;  which  was  superseded  by  a  motion,  made 
and  seconded,  that  the  Convention  be  adjourned  to  to-morrow 
morning,  9  o'clock. 

Which,  being  put,  passed  in  the  affirmative,  and  the  Conven- 
tion was  adjourned  accordingly. 


81 


Saturday  Morning,  6.  Feb.  9  o'clock. 

Met  according  to  adjournment. 

The  motion  made  by  the  Hon.  General  Hancock,  for  an  as- 
signment, &,c.  was  taken  up.     Withdrawn. 

The  1st  article,  1st  section,  3d  chapter,  was  read,  and  post-' 
poned  to  a  fuller  Convention. 

The  three  following  articles  were  also  suspended  for  the 
present,  on  the  same  grounds. 

The  2d  section,  of  the  same  chapter  was  also  postponed. 

The  3d  section,  of  the  same  chapter — ditto. 

The  4th  section  of  the  same  chapter — ditto. 

The  Committee  on  the  2d  article,  and  for  ascertaining  the 
offices  which  are  incompatible  with  a  seat  in  the  Legislature, 
and  those  which  it  may  be  inconsistent  with  the  public  good 
to  be  held  by  any  one  person,  reported  in  part  as  follows  : 

The  Committee  to  whom  was  referred  the  2d  article,  of  the 
4th  chapter,  of  the  report  of  the  General  Committee,  have  re^ 
vised  the  said  article,  and  report,  that  the  following  officers  ancj 
persons  be  excluded  from  a  seat  in  either  House  of  Assembly, 
besides  the  Judges  of  the  Superior  Court,  viz. 

A.*  The  Judges  of  the  Inferior  Court. 

Judges  of  the  Maritime  Court. 

Judges  of  Probate. 

Sheriffs,  commonly  called  High  Sheriffs. 

Attorney  General. 

Solicitor  General. 

Register  of  Deeds. 

Register  of  Probate. 

Clerk  of  the  House  of  Representatives. 

Secretary. 

Treasurer  or  Receiver  General, 

Commissary  General. 

*  Some  of  the  references  marked  in  the  Journal  by  the  letters  "  A."  "  B." 
&c.  were  to  documents  not  now  to  be  found  among  the  papers  of  the  Con- 
vention. Several  of  them,  however,  relate  to  Reports  which  are  inserted 
at  the  end  of  the  Journal.  The  marks  of  reference  have  been  in  all  instan- 
ces retained. 


82 

Officers  of  the  Customs  or  Excise,  including  in  this  descrip- 
tion, Naval  Officers. 

Militia  Officers,  while  in  the  pay  of  this  Commonwealth,  the 
United  States,  or  any  other  State  or  Government. 

President,  Professors,  Tutors  and  Instructors,  of  Harvard 
College. 

Ordained  or  settled  Ministers  of  the  Gospel. 

It  was  then  moved,  and  seconded,  that  officers,  proposed  by 
the  foregoing  report  to  be  excluded  from  a  seat  in  either  House 
of  the  Legislature,  be  put  up  separately  for  the  consideration  of 
the  Convention,  which,  being  put,  passed  in  the  affirmative. 

The  Judges  of  the  Superior  Court  were  accordingly  put,  and 
voted  to  be  excluded,  and  the  2d  article,  in  the  4th  chapter 
aforesaid,  accepted. 

It  was  then  moved,  and  seconded,  that  the  3d  article,  in  the 
same  chapter,  be  now  acted  upon,  which,  being  put,  passed  in 
the  negative. 

The  Rev.  Mr.  Parker,  of  Trinity  Church,  was  then  intro- 
duced, and  read  prayers. 

The  said  article  was  accordingly  suspended  for  the  pres- 
ent. 

C.  The  Judges  of  the  Inferior  Court  were  then  put,  and  voted 
to  be  excluded. 

It  was  moved,  and  seconded,  that  a  Committee  be  appointed 
to  consider  of  the  propriety  of  annihilating  the  Court  of  Gener- 
al Sessions  of  the  Peace,  and  annexing  the  business,  usually 
done  in  that  Court,  to  the  Court  of  Common  Pleas. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist  of  five. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz.         The  Hon.  Mr.  Paine, 
Mr.  Lowell, 
Mr.  Pickering, 
Mr.  Jackson,  and 

Col.  CUMMINGS. 

The  Judges  of  the  Maritime  Courts  were  then  put,  and  voted 
to  be  excluded. 

It  was  moved,  and  seconded,  that  the  exclusion  in  the  vote 
last   immediately  preceding,  be  confined  to  such  times,  as  this 


83 

State  shall  be  engaged  in  war,  which,  being  put,  passed  in  the 
negative. 

The  Judges  of  Probate  of  Wills,  and  for  granting  letters  of 
administration  and  guardianship,  were  then  put,  and  voted  to  be 
excluded.  B. 

The  Sheriffs,  usually  called  High  Sheriffs,  were  put,  and  vo- 
ted to  be  excluded. 

The  Attorney  General  was  then  put,  and  voted  to  be  exclu- 
ded. 

The  Solicitor  General  was  put,  and  voted  to  be  excluded. 

The  Registers  of  Deeds  were  then  put,  and  voted  to  be  ex- 
cluded. 

The  Registers  of  Probate  were  put,  and  voted  to  be  exclu- 
ded. 

tThe  Clerk  of  the  House  of  Representatives  was  put,  and  vo- 
ted to  be  excluded. 
The  Secretary  of  the   State  was  put,  and  voted  to  be  exclu- 
ded. 
The  Treasurer  or  Receiver  General  was  put,  and  voted  to  be 
excluded. 

The  Commissary  General  was  put,  and  voted  to  be  excluded. 

Officers  of  Customs  and  Excise,  including  Naval  Officers, 
were  put,  and  voted  to  be  excluded. 

Militia  officers,  while  in  the  pay  of  the  Commonwealth,  or  of 
the  United  States,  or  any  other  State  or  Government,  being  put, 
it  was  moved,  and  seconded,  that  the  consideration  of  the  same 
subside,  until  the  mode  of  appointing  them  shall  have  been  de- 
termined upon  by  the  Convention,  which,  being  put,  passed  in 
the  affirmative. 

D.  A  motion  was  then  made,  and  seconded,  that  the  vote  for 
excluding  the  Clerk  of  the  House  of  Representatives  from  a  seat 
as  a  member  of  the  Legislature,  be  reconsidered,  which,  being 
put,  passed  in  the  negative. 

A  motion  was  then  made,  and  seconded,  that,  previous  to  en- 
tering upon  business  on  the  first  day  of  every  week,  the  Presi- 
dent direct  the  Orders  of  the  House  to  be  distinctly  and  audi- 
bly read,  and  enjoin  upon  the  monitors,  to  see  that  the  same  are 
;  punctually  complied  with,  which,  being  put,  passed  in  the  affir- 
:    mative. 


84 

It  was  then  moved,  and  seconded,  that  the  consideration  of 
the  remaining  articles  in  the  report  aforesaid,  be  referred  over 
to  the  time  when  the  Committee,  on  the  same  and  other  articles 
aforesaid,  shall  be  ready  to  complete  their  report.  Which  mo- 
tion, being  withdrawn,  it  was  moved,  and  seconded,  that,  Wed- 
nesday next,  afternoon,  3  o'clock,  be  assigned  for  the  conside- 
ration of  the  remaining  articles  in  the  said  report,  which,  being 
put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  th6  Convention  be 
now  adjourned  to  Monday  next,  at  3  o'clock,  P.  M.  Which,  be- 
ing put,  passed  in  the  affirmative. 

And  the  Convention  was  accordingly  adjourned  to  that  time. 


Three  o'clock,  Monday  P.  M.,  7th  Feb.  1780. 

The  Convention  met  according  to  adjournment. 

The  rules  and  orders  of  the  Convention  were  read,  and  the 
strict  observance  of  them  enjoined  upon  the  members,  by  the 
President. 

Moved  and  seconded,  that  a  Committee  be  appointed  to 
bring  in  such  further  rules  and  orders  as  may  be  necessary  for 
the  better  conducting  the  debates  of  the  Convention. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for,  the  following  gentlemen,  viz : 
The  Hon.  Mr.  Paine, 
Col.  Williams,  and 
The  Rev.  Mr.  Thatcher,  were  appointed. 

The  4th  section,  3d  chapter,  was  then  taken  up,  as  next  in  the 
arrangement,  and  considered. 

On  a  motion,  made  and  seconded, 

Voted,  To  consider  the  several  Officers,  mentioned  in  the  arti- 
cle, distinctly. 

Accordingly,  the  Secretary  being  put,  it  was 

Voted,  That  he  be  elected  as  set  forth  in  the  article « 


85 

The  Treasurer  and  Receiver  General,  the  Commissary  Gene- 
ral, Notaries  Public,  and  Naval  Officers,  being  severally  put, 
they  were  respectively  voted  to  be  elected  as  above. 

The  second  paragraph  was  then  read,  and  debated,  when  it 
was  moved  and  seconded,  that  the  word  "  five,"  be  expunged, 
and  the  word  "  three  "  substituted  in  its  stead,  in  the  last  line. 

Which,  being  put,  passed  in  the  negative. 

It  [was]  then  moved  and  seconded,  that  the  word  "  four,"  be 
substituted  in  lieu  of  the  word  "  five,"  aforesaid,  which,  being 
put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  article  be  now  puti 
The  article  was  accordingly  put,  and  accepted  without  amend-*- 
ment. 

The  2d  article  in  the  same  section  was  then  read, 

Whereupon,  moved  and  seconded,  that,  in  all  articles,  in 
which  the  words  "  Governor  and  Council  "  shall  occur,  the 
consideration  of  the  same  shall  be  suspended,  until  the  Conven- 
tion shall  consider  and  determine  respecting  their  appointment 
to  a  share  in  the  Government  of  this  Commonwealth,  and  the 
article  be  considered  and  acted  upon  without  them. 

The  article  aforesaid  was  then  put  and  accepted,  with  the 
suspension  of  the  words  aforesaid. 

Reference  being  again  had  [to]  the  report  of  arrangement, 
the  5th  article,  1st  section,  3d  chapter,  was  read,  and  the  con- 
sideration of  the  same,  on  a  motion,  made  and  seconded,  voted 
to  be  postponed. 

The  1st  article,  4th  chapter,  was  then  read. 

On  a  motion,  made  and  seconded. 

Voted,  to  be  taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  Commissions,"  was  read  and 
accepted. 

The  2d  paragraph,  being  read  and  debated,  on  a  motion, 
made  and  seconded. 

Voted,  That  the  further  consideration  of  this  article  be  post- 
poned for  the  present. 

The  3d  article  in  the  same  section  was  then  read. 

On  a  motion,  made  and  seconded, 

Voied,  That  the  words  "  each  Branch  of  the  Legislature,"  be 

12 


86 

substituted  in  lieu  of  the  word  "  Senate,"  and  the  words  "  Jus- 
tices of  the  said  Courts,"  in  lieu  of  the  word  '*  Judges." 

The  4th  article  was  then  read,  and,  on  a  motion,  made  and 
seconded. 

Voted,  to  be  considered  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  dates,"  was  then  read  and  ac- 
cepted. 

The  2d  paragraph  being  read,  it  was  moved,  and  seconded, 
that  the  words  "  and  upon  the  expiration  of  any  commission, 
the  same,  if  necessary,  may  be  renewed,  or  another  person  ap- 
pointed," be  substituted  in'the  place  of  the  words  "  and  on  the 
expiration  of  any  Commission,  the  Governor,  with  advice  and 
consent  of  Council,  may  renew  such  Commission,  or,  if  neces- 
sary, appoint  another  person." 

It  was  also  moved,  and  seconded,  that  the  words,  "  or  before," 
be  inserted  between  the  word  "  on,"  and  the  words,  "  the  ex- 
piration." 

Which  motions  were  severally  debated,  when  the  further 
consideration  of  them  was  postponed  by  a  motion,  made  and 
seconded,  that  the  Convention  be  now  adjourned  to  to-morrow 
morning,  at  nine  o'clock,  which,  being  put,  passed  in  the  affir- 
mative, and  the  Convention  was  adjourned  accordingly. 


Tuesday  Morning,  9  o'clock.  8  Feb. 

Met  according  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  2d  para- 
graph, in  the  4th  article,  and  4th  chapter,  which,  being  read, 
and  the  amendment  proposed,  yesterday,  that  the  words  "  the 
same,  if  necessary,  be  renewed,  or  another  person  appointed," 
be  substituted  in  lieu  of  the  words  "  the  Governor  and  Council 
may,  if  necessary,  renew  such  Commission,  or  appoint  another 
person,"  being  debated,  the  same  was  put,  and  accepted. 

It  was  then  moved,  and  seconded,  that  [the]  words  "or 
before,"  proposed  yesterday,  with  the  addition  of  the  words  "  at 
least  six  months,"  viz  :  "  or  six  months  at  least,  before,"  be  in- 
serted between  the  words  "  on,"  and  "  the  expiration,"  which, 
being  put,  passed  in  the  negative. 


87 

The  article  was  then  put,  with  the  amendments,  and  accepted. 

The  6th  article  in  the  same  chapter,  was  then  read,  during 
the  debates  on  which,  the  Rev.  Mr.  Lewis  was  introduced, 
and  read  prayers  with  the  Convention. 

It  was  moved  and  seconded,  that  the  several  matters  contain- 
ed in  the  said  article  be  determined  by  the  Superior  Court  in- 
stead of  the  Governor  and  Council,  and  the  Senate,  respective- 

ly- 

Which  motion  was  superseded  by  a  motion,  made  and  sec- 
onded, that  the  further  consideration  of  this  article  be  post- 
poned.     Which,  being  put,  passed  in  the  affirmative. 

The  1st  article,  in  the  5th  chapter,  being  then  read,  it  was 
voted  to  take  the  same  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  the  word  "  room,"  being  read, 
it  was  on  a  motion,  made  and  seconded. 

Voted,  That  the  word  "  annually,"  be  transposed,  so  as  to 
stand  after  the  word  "  November,"  in  the  4th  line. 

The  2d  paragraph  being  read,  it  was  on  a  motion,  made  and 
seconded, 

Voted^  That  the  words  "  under  the  hand  of  the  Governor," 
be  omitted  for  the  present ;  whereupon  the  article  was  put,  with 
the  omission  aforesaid,  and  accepted. 

The  2d  article  being  read,  and  being  amended  as  the  last, 
was  accepted. 

The  5th  article  was  then  read,  and  voted  to  be  postponed. 

The  2d  paragraph,  of  the  6th  article,  was  read,  but  the  same 
having  been  committed,  and  the  Committee  not  being  ready  to 
report,  the  same  was  voted  to  be  passed  over  for  the  present. 

The  7th  article  was  read,  and  voted  to  be  further  postponed 

The  3d  article,  in  the  6th  chapter,  being  read,  the  same  was 
voted  to  be  further  postponed. 

The  2d  paragraph,  1st  article,  2d  section,  2d  chapter,  was 
then  read,  when  a  motion  was  made  by  the  Hon.  Mr.  Pickering, 
that  a  clause  be  introduced  into  this  article,  limiting  the  num- 
ber, which  no  County  or  District  shall  exceed  in  the  choice 
of  Senators;  whereupon,  it  was  moved,  and  seconded,  that  Mr. 
Pickering  be  desired  to  prepare  a  clause  as  aforesaid,  and  lay 
the  same  on  the  table  ;  which,  being  put,  passed  in  the  affirma- 
tive. 


S8 

The  paragraph  was  then  put,  and  accepted. 

The  3d  article,  in  the  same  section,  was  read,  and  voted  to 
be  postponed. 

Mr.  Pickering  then  reported  the  following  clause,  to  be  ad- 
ded to  the  1st  paragraph  of  the  1st  article,  aforesaid,  viz. — And 
no  District  be  so  large  as  to  entitle  the  same  to  choose  more 
than  six  Senators. 

Which,  being  put,  was  accepted,  as  an  addition  to  the  para- 
graph aforesaid. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee,  upon  the  powers  and  privileges 
of  the  House  of  Representatives,  take  into  consideration  the 
privileges  of  the  Senate,  with  their  power  of  expelling  their  own 
members. 

The  Committee  appointed  to  prepare  a  declaration  or  test, 
&c.  (see  the  votes  of  4th  inst.)  reported  the  same  as  follows  ; — 

"  Any  person,  chosen  Governor,  Lieutenant  Governor,  Coun- 
sellor, Senator,  or  Representative,  or  appointed  to  any  Judicial, 
Executive,  Military,  or  other  Office,  under  the  Government  of 
this  Commonwealth,  shall,  before  he  enters  on  the  discharge  of 
the  business  of  his  place  or  office,  take  and  subscribe  the  follow- 
ing oath,  viz. 

I,  A.  B.  do  truly  and  sincerely  acknowledge,  profess,  testify 
and  declare,  that  the  Commonwealth  of  Massachusetts  is,  and 
of  right  ought  to  be,  a  free,  sovereign  and  independent  State  ; 
and  I  do  swear,  that  I  will  bear  true  faith  and  allegiance  to  the 
said  Commonwealth,  and  that  I  will  defend  the  same  against  all 
traitorous  conspiracies  and  attempts  whatsoever  5  and  that  I  do 
renounce  and  abjure  all  allegiance,  subjection  and  obedience 
to  George  the  3d,  King  of  Great  Britain,  his  heirs  and  succes- 
sors, and  every  other  foreign  power  whatsoever ;  and  that  no 
foreign  Prince,  Person,  Prelate,  State  or  Potentate,  hath  or 
ought  to  have  any  jurisdiction,  superiority,  preeminence,  author- 
ity, dispensing  or  other  power,  in  any  matter,  civil,  ecclesiasti- 
cal or  spiritual,  within  this  Commonwealth,  except  the  authori- 
ty and  power  which  is  or  may  be  vested  by  their  constituents 
in  the  Congress  of  the  United  States.  And  I  do  further  testify 
and  declare,  that  no  man  or  body  of  men  hath  or  can  have  any 
yightto  absolve  or  discharge  me  from  the  obligations  of  this  oath 


89 

or  declaration,  and  that  1  do  make  this  acknowledgment  and 
profession,  testimony,  declaration,  renunciation,  and  abjuration, 
heartily  and  truly,  according  to  the  common  meaning  and  accep- 
tation of  the  foregoing  words,  without  any  equivocation,  mental 
evasion,  or  secret  reservation  whatsoever.     So  help  me  God. 

Provided  always^  that,  when  any  person,  chosen  or  appointed 
as  aforesaid,  shall  be  of  the  denomination  of  people  called 
Quakers,  he  shall  make  his  affirmation  in  the  foregoing  foim, 
and  subscribe  the  same,  omitting  the  words  "  I  do  swear,"  "  ab- 
jure," "oath  or,"  and  "abjuration,"  and  "  so  help  me  God." 

Which  report,  being  read,  on  a  motion,  made  and  seconded^ 

footed,  That  the  same  be  taken  up  in  paragraphs. 

The  1st  bemg  read,  it  was,  on  a  motion,  made  and  seconded, 
voted,  that  the  words  Governor,  Lieutenant  Governor,  and  Coun- 
sellor, be  omitted  for  the  present. 

The  paragraph  being  then  put,  with  the  amendment,  the  same 
was  accepted  as  the  preamble. 

The  2d  paragraph  in  the  report,  and  first  of  the  oath,  as  far 
as  "  State,"  was  put,  and  accepted. 

The  3d  as  far  as  "  Commonwealth,"  was  put,  and   accepted. 

The  4th  as  far  as  "  whatsoever,"  was  put,  and  accepted. 

The  5th  as  far  as  "  power  whatsoever,"  was  put,  and  accepted. 

The  6th  as  far  as  "  United  States,"  was  put,  and  accepted. 

The  7th  as  far  as  "  Declaration,"  was  put,  and  accepted. 

The  8th  as  far  as  "  so  help  me  God,"  was  put,   and  accepted. 

The  9th,  being  the  1st  in  the  proviso,  as  far  as  "subscribe 
the  same,"  was  put,  and  accepted. 

The  10th  as  far  as  "  I  do  swear,"  was  put,  and  accepted. 

The  ilth  as  far  as  "attempts  whatsoever,"  was  put,  and  re- 
jected. 

The  12th  as  far  as  "  abjure,"  was  put,  and  accepted. 

The  13th  as  far  as  "  abjuration,"  was  put,  and  accepted. 

The  14th  and  last,  being  the  words,  "  so  help  me  God,"  was 
put,  and  accepted. 

It  was  then  moved,  and  seconded,  that  the  following  words 
be  added  to  the  proviso,  viz.  "  and  subjoining  the  words  this  I 
do  under  the  pains  and  penalties  of  perjury,"  which,  being  put, 
passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  to  reconsider  the  4th  para- 


90 

graph,  so  far  as  to  expunge  the  words  "  George  the  3d,  King  of 
Great  Britain,  his  heirs  and  successors,"  and  to  substitute,  in 
lieu  of  the  same,  the  words,  "  King,  Queen,  or  Government  of 
Great  Britain,  as  the  case  may  be,"  which,  being  put,  passed  in 
the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words,  "  deny 
and,"  be  inserted  between  the  words  *'  do,"  and  "  renounce,"  in 
the  5th  paragraph.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  word  "  all,"  be 
transposed,  and  stand  before  the  word,  "  attempts,"  in  the  4th 
paragraph.     Which,  being  put,  passed  in  the  affirmative. 

The  report,  being  then  put,  with  the  amendments,  the  same 
was  accepted,  and  is  as  follows  : 

"  Any  person,  being  chosen  Senator  or  Representative,  or 
appointed  to  any  Judicial,  Executive,  Military,  or  other  Office, 
under  the  Government  of  this  Commonwealth,  shall,  before  he 
.enters  on  the  discharge  of  the  business  of  his  place  or  office, 
take  and  subscribe  the  following  oath  or  affirmation  : 

I,  A.  B.  do  truly  and  sincerely  acknowledge,  profess,  testify, 
and  declare,  that  the  Commonwealth  of  Massachusetts  is,  and 
of  right  ought  to  be,  a  free,  sovereign  and  independent  State. 
And  I  do  swear,  that  I  will  bear  true  faith  and  allegiance  to  the 
said  Commonwealth,  and  that  1  will  defend  the  same  against 
traitorous  conspiracies,  and  all  hostile  attempts  whatsoever : 
And  that  I  do  deny,  renounce,  and  abjure  all  allegiance,  sub- 
jection, and  obedience  to  the  King,  Queen,  or  Government  of 
Great  Britain,  (as  the  case  may  be,)  and  every  other  foreign 
power  whatsoever.  And  that  no  foreign  Prince,  Person,  Prel- 
ate, State,  or  Potentate  hath,  or  ought  to  have,  any  jurisdiction, 
superiority,  preeminence,  authority,  dispensing,  or  other  power, 
in  any  matter,  civil,  ecclesiastical,  or  spiritual,  within  this  Com- 
monwealth, except  the  authority  and  power  which  is  or  may  be 
vested  by  their  constituents  in  the  Congress  of  the  United 
States.  And  I  do  further  testify  and  declare,  that  no  man,  or 
body  of  men,  hath  or  can  -have  any  right  to  absolve  or  discharge 
me  from  the  obligations  of  this  oath,  declaration  or  affirmation. 
And  that  I  do  make  this  acknowledgment,  profession,  testimo- 
ny, declaration,  denial,  renunciation,  and  abjuration,  heartily 


91 

and  truly,  according  to  the  common  meaning  and  acceptation 
of  the  foregoing  words,  without  any  equivocation,  mental  eva* 
sion,  or  secret  reservation,  whatsoever.     So  help  me  God. 

Provided  always,  That  when  any  person,  chosen  or  appointed 
as  aforesaid,  shall  be  of  the  denomination  of  the  people  called 
Quakers,  and  shall  refuse  to  swear  as  aforesaid,  he  shall  make 
his  affirmation  in  the  foregoing  form,  and  subscribe  the  same, 
omitting  the  words  "  I  do  swear,"  "  and  abjure,"  "  oath  or," 
"  and  abjuration,"  "  so  help  me  God,"  and  subjoining  the  words, 
"  And  this  I  do  under  the  pains  and  penalties  of  perjury." 

It  was  then  moved  and  seconded,  that  the  Convention  be 
now  adjourned. 

Which  motion  was  suspended  by  a  motion,  made  and  secon- 
ded, that  when  the  Convention  shall  be  adjourned,  it  be  ad- 
journed to  to-morrow  morning,  9  o'clock,  which,  being  put, 
passed  in  the  affirmative. 

It  was  then  moved  and  seconded,  that  the  Committee  on  the 
10th  article,  3d  section,  2d  chapter,  in  the  report  of  the  Gene- 
ral Committee,  be  now  filled  up,  several  gentlemen  who  were 
appointed  on  the  same  being  absent,  which,  being  put,  passed 
in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen  werer 
added  to  that  Committee,  viz  :  Col.  Cummings  and  Mr.  Cabot. 

It  being  suggested  to  the  Convention  that  several  gentlemen, 
who  were  appointed  on  other  Committees  besides  the  above, 
were  now  absent,  and  that  the  business  would  be  much  impe- 
ded, unless  the  same  be  filled  up, 

On  a  motion,  made  and  seconded. 

Voted,  That  Mr.  Cabot  and  the  Rev.  Mr.  Cummings,  be  added 
to  the  several  Committees  aforesaid,  viz  :  on  the  2d  paragraph, 
6th  article,  5th  chapter. —  1st  paragraph,  2d  article,  2d  section, 
2d  chapter. — 4th  article  in  the  same  section — and  the  2d  arti- 
cle, 4th  chapter,  &c. — and  to  the  Committee  for  annexing  the. 
business  of  the  Court  of  General  Sessions  of  the  Peace  to  the 
Court  of  Common  Pleas. 

It  was  then  moved  and  seconded,  that  the  Committee  on  the 
1st  paragraph,  2d  article,  2d  section,  2d  chapter,  be  authorized 
to  bring  in  a  general  clause,  which  shall  ascertain  the  sense  in 
which  the  term  inhabitant  shall  be  understood,  throughout  the 


92 

report  of  the  General  Committee,  which,  being  put,  passed  m 
the  affirmative. 

It  was  then  moved  and  seconded,  that  the  Convention  be  now 
adjourned. 

Which,  being  put,  passed  in  the  affirmative,  and  the  Conven- 
tion was  accordingly  adjourned  to  9  o'clock  to-morrow  morningi 


Wednesday  Morning,  9  Feb. 

The  Convention  met  according  to  adjournment. 

The  Committee  on  the  1st  paragraph,  2d  article,  2d  section, 
2d  chapter,  reported  that  the  word  "  person,"  be  expunged,  and 
the  word  "  inhabitant,"  inserted.  That  the  words  "next  pre- 
ceding the  annual  election  of  Senators,"  be  expunged,  and  that 
the  words  following  be  added,  viz  :  "  And  to  remove  all  doubts 
concerning  the  meaning  of  the  word  "  inhabitant,"  in  this  Con- 
stitution, every  person  shall  be  considered  as  an  inhabitant,  for 
the  purpose  of  electing  or  being  elected  into  any  office  or 
place  within  this  State,  in  that  town,  district,  or  plantation 
where  he  dwelleth  or  hath  his  home." 

This  report  was  then  voted  to  be  considered  in  paragraphs. 

Before  the  same  were  put,  the  Rev.  Mr.  Eliot  was  intro- 
duced, and  prayed  with  the  Convention. 

The  report  was  then  considered,  and  debated  in  paragraphs, 
«ach  of  which,  being  separately  put,  were  accepted. 

It  was,  in  the  course  of  the  debates  on  the  above  report, 
moved  and  seconded,  that  the  word  "  male,"  in  the  article,  be 
expunged.     Which,  being  put,  passed  in  the  negative. 

It  was  moved  and  seconded,  that  the  words  "  of  which  he  is 
an  inhabitant,"  be  added  to  the  word  "district,"  at  the  close  of 
the  1st  paragraph,  in  the  report  of  the  General  Committee, 
which,  being  put,  passed  iji  the  affirmative. 

The  Committee  on  the  6th  article,  in  the  5th  chapter,  re- 
ported as  follows,  viz  : 

That  the  words  following  the  word  "  except,"  (in  the  article,) 
be  expunged,  and  the   words  following  be  added,  viz  :  "in  a 


93 

time  of  war,  and  then  only  as  to  such  persons  who  shall  be 
charged  with  being  in  the  interest  of  the  enemy,  and  but  for 
the  space  of  forty  days ;  nor  shall  such  suspension  operate  with 
respect  to  any  person  who  has  once  been  liberated  on  such 
writ,  until  twenty  days  after  such  liberation." 

Which  report,  being  largely  debated,  it  was  moved,  and  sec- 
onded, that  the  further  consideration  of  the  preceding  report 
be  assigned  to  four  o'clock,  to-morrow  afternoon.  Which,  be- 
ing put,  passed  in  the  affirmative. 

The  order  of  the  day  being  called  for,  and  largely  debated  5 
when,  on  a  motion,  made  and  seconded,   it  was 

Voted,  That  the  subject  of  Representation  be  assigned  to  to- 
morrow morning,  1 1  o'clock,  to  be  then  taken  up  and  considered. 

The  subject  of  adjournment  to  a  distant  day,  being  again  agi- 
tated, on  a  motion,  made  and  seconded. 

Tooted,  That  half-past  3  o'clock  this  afternoon,  be  assigned  to 
consider  and  determine,  once  for  all,  whether  the  Convention 
will  proceed  in  the  business  of  framing  a  new  Constitution  of 
Government. 

A  motion  was  then  made,  and  seconded,  that  the  Convention 
be  now  adjourned  to  3  o'clock,  P.  M.  Which  being  put,  passed 
in  the  affirmative. 

The  Convention  was  accordingly  adjourned. 

Three  oWock,  P.  M.     Met  according  to  adjournment. 

The  order  of  the  day  being  called  for,  and  the  remainder  of 
the  report  of  exclusion  being  read  and  debated, 

It'was,^on  a  motion,  made  and  seconded, 

Voted,  to_.consider  the  articles  distinctly. 

It  was  then  moved,  and  seconded,  E.  that  the  President,  Pro- 
fessors, and  Tutors  of  Harvard  College,  be  excluded  from  a  seat 
in  either  House  of  Assembly.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  that  the  ordained  or  settled 
Ministers  of  the  Gospel  be  excluded  from  a  seat  in  either  House 
of  Assembly.  Which,  being  put,  after  a  very  full  debate,  pass- 
ed in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  vote  for  excluding 
13 


94 

the  Justices  of  the  Inferior  Court,  from  a  seat  in  either  House 
of  Assembly,  be  reconsidered  ;  which  was  superseded  by  a  mo- 
tion made,  that  the  consideration  of  the  said  motion  be  referred 
to  the  time  when  the  exclusion  of  militia  officers,  which  stands 
referred,  shall  be  considered.  Which,  being  put,  passed  in  the 
affirmative. 

The  order  of  the  day  being  called  for,  it  was  moved,  and  sec- 
onded, to  refer  the  consideration  of  the  subject  of  proceeding 
to  business,  to  to-morrow  morning,  11  o'clock. 

Which,  being  withdrawn,  the  question  before  the  Convention 
to  be  debated  "  whether  the  Convention  will  now  proceed  in 
the  business  ol  framing  a  Constitution  of  Government,  and  con- 
tinue in  the  same  until  it  shall  be  completed,"  was  taken  up 
and  debated,  when  a  previous  question  was  moved,  and  second- 
ed, viz  : 

Whether  the  Frame  of  Government,  which  this  Convention 
shall  agree  upon,  can  be  sent  out  to  our  constituents  for  their  re- 
vision, and  an  adjournment  take  place,  in  order  to  obtain  and 
act  upon  their  sense  of  it.  Which,  being  put,  passed  in  the  af- 
firmative, 46  out  [of]  57. 

The  question,  "  whether  the  Convention  will  now  proceed  in 
the  business  of  framing  a  Constitution  of  Government,  and  con- 
tinue in  the  same  until  completed,"  was  then  taken  up,  and  de- 
bated. Which  being  put,  passed  in  the  affirmative,  33  out  of  58. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  now 
adjourned  to  to-morrpw  morning,  9  o'clock.  Which,  being  put, 
passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned. 


Thursi>ay  Morning,  9  o'clock,  10th  Feb. 

The  order  of  the  day  being  called  for,  it  was  moved,  and  sec- 
onded, that  the  Convention  now  proceed  in  the  order  of  the  re- 
port of  the  General  Committee,  in  the  further  prosecution  of 
the  business  of  framing  a  Constitution  of  Government,  and 
consider  the  several  articles  not  as  yet  acted  upon,  as  they  oc- 
cur in  course  in  the  same  j  and  that  such  matters,  as  stand  com- 


95 

mitted,  and  referred,  be  taken  up  in  the  order  of  the  said  report. 
Which,  being  put,  passed  in  the  affirmative. 

The  Rev.  Mr.  Eeles  was  then  introduced,  and  prayed  with 
the  Convention. 

The  Declaration  of  Rights  was  then  resumed,  and  the  seve- 
ral articles  in  the  same  having  been  acted  upon,  except  the  12th 
and  16th,  which  were  committed,  and  the  Committees  not  ready 
to  report,  and  the  31st.  The  last  article,  viz.  the  31st,  was  read 
and  debated. 

It  was  then  moved,  and  seconded,  that  the  words  "  separate 
from  and,"  be  expunged,  which  was  superseded  by  a  motion 
made,  and  seconded,  that  the  whole  article  be  expunged,  and 
that  the  following  words  be  substituted,  by  which  the  article 
aforesaid,  and  the  2d  paragraph  in  the  preamble  of  the  2d  chap- 
ter, formerly  voted  to  be  considered  together,  may  be  consoli- 
date^, and  the  sense  of  both  expressed,  viz  : 

"  In  the  Government  of  this  Commonwealth,  the  Legislative 
shall  never  exercise  the  Executive  and  Judicial  powers,  or  eith- 
er of  them.  The  Executive  shall  never  exercise  the  Legisla- 
tive and  Judicial  powers  or  either  of  them.  The  Judicial  shall 
never  exercise  the  Legislative  and  Executive  powers  or  either 
of  them,  to  the  end  that  it  may  be  a  government  of  laws  and 
not  of  men."      Which,  being  put,  passed  in  the  affirmative. 

The  Committee  on  the  12th  and  16th  article,  not  being  rea- 
dy to  report,  and  two  gentlemen,  who  were  on  that  Committee 
absent,  it  was  moved,  and  seconded,  that  the  said  Committee  be 
now  filled  up.     Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  viz  : 
Mr.  Lowell,  and  the  Hon.  Judge  Sullivan,  were  appointed. 

The  preamble  of  the  second  chapter  was  then  read,  and  de- 
bated. 

It  was  moved,  and  seconded,  that  the  words  "  agreeable  to 
the  aforegoing  Declaration  of  Rights,  and  the  subsequent  Frame 
of  Government,"  be  added. 

It  was  also  moved,  and  seconded,  that  the  word  "  being  "  be 
substituted  in  lieu  of  the  words  "  to  form  themselves  into,"  and 
the  words  "  do  hereby  solemnly  and  mutually  agree  with  each 
other  to  form  themselves  into,"  be  transposed,  and  stand  imme- 
diately after  the  word  "  State,"  and  the  words  "  a  Government," 
be  inserted  before  the  words  "  by  the  name  of" 


96 

Which  several  motions  were  superseded  by  a  motion,  made 
and  seconded,  for  a  previous  question,  viz.  Whether  any  alter- 
ation shall  be  made  in  the  article.  Which,  being  put,  passed  in 
the  negative. 

The  preamble  being  thus  accepted,  the  1st  article,  1st  sec- 
tion, 2d  chapter,  was  then  read. 

The  1st  paragraph  having  been  passed  upon  before. 

The  2d  paragraph  was  considered  and  debated. 

It  was  moved,  and  seconded,  that  the  word  "  once,"  be  ex- 
punged.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  every 
year,"  be  transposed,  and  stand  next  after  the  word  "  assem- 
ble."    Which,  being  put,  passed  in  the  affirmative. 

The  3d  paragraph  was  then  read,  whereupon  it  was  moved, 
and  seconded,  that,  previous  to  entering  upon  the  consideration 
of  the  same,  the  Convention  consider  and  act  upon  the  1st 
section,  in  the  3d  chapter.  Which,  being  put,  passed  in  the  af- 
firmative. 

The  1st  article  in  the  said  section  was  then  read.  It  was 
then,  on  a  motion,  made  and  seconded, 

Voted,  to  consider  the  same  in  paragraphs  or  sentences. 

The  1st,  as  far  as  "  magistrate,"  being  read  and  debated,  the 
same  was  accepted  by  a  very  great  majority. 

The  2d,  as  far  as  "Massachusetts,"  was  then  read  and  debat- 
ed, when  it  was  moved,  and  seconded,  that  the  word  "  Presi- 
dent," be  substituted  in  lieu  of  the  word  "  Governor,"  which 
was  negatived  by  the  sentence  being  put,  and  accepted. 

The  3d  and  last  being  read  and  debated,  the  same  was  put, 
and  accepted. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
now  adjourned.     Which,  being  put,  passed  in  the  affirmative. 

And  the  Convention  was  accordingly  adjourned  to  3  o'clock, 
P.  M. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The   2d    article,    1st  section,   3d  chapter,  was   read,   and 
footed,  to  be  taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  annually,"  was  read  and  ac- 
cepted. 


9t 

The  2d  do.  as  far  as  "  preceding,"  was  read  and  accepted. 

The  3d  do.  as  far  as  "  one  thousand  pounds,"  was  read  and 
accepted. 

The  4th  do.  to  the  end,  being  read,  it  was  moved,  and  second- 
ed, that  the  same  be  expunged,  which  was  superseded  by  a  mo- 
tion made,  and  seconded,  that  the  words  "  declare  himself  to," 
be  inserted  between  the  words  "  shall,"  and  "  be."  Which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  Protest- 
ant and,"  be  added  after  the  word  "  Christian  ;"  upon  which  a 
previous  question  was  moved,  and  seconded,  whether  the  mo- 
tion be  now  put.     Which,  being   put,   passed  in   the  negative. 

It  was  then  moved,  and  seconded,  whether  the  Convention  will 
make  any  alteration  in  the  clause  just  now  passed  upon  and  ac- 
cepted, viz.  •'  unless  he  shall  declare  himself  to  be  of  the  Chris-^ 
tian  religion."  Which,  being  put,  passed  in  the  negative,  40 
out  of  66. 

The  article  was  then  put  as  amended,  and  accepted. 

The  3d  article  was  then  read,  and  voted  to  be  considered  in 
paragraphs. 

The  1st  paragraph,  as  far' as  "  such  meetings,"  was  read  an(J 
accepted. 

The  2d  as  far  as  the  word  "  name,"  was  read  and  accepted. 

The  3d  as  far  as  *'  may,"  was  read  and  accepted. 

The  4th  as  far  as  "  examined,"  was  read  and  accepted ;  pre-« 
vious  to  which,  it  was  on  a  motion,  made  and  seconded, 

Voted^  That  the  Hon.  Mr.  Pickering  be  desired  to  bring  in  a 
clause  in  addition  to  this  paragraph,  making  provision  for  due  and 
proper  returns  to  be  made  to  the  Sheriffs,  of  the  votes  of  the 
several  towns  for  Governor. 

The  5th  paragraph,  as  far  as  "  published,"  read  and  accepted. 

The  6th,  to  the  end,  was  then  read  and  accepted. 

The  4th  article  was  then  read  and  debated,  when,  on  a  mo- 
tion, made  and  seconded. 

Voted,  That  this  article  be  committed  for  revision,  and  that 
there  be  a  chapter  for  the  sole  purpose  of  Oaths  and  Declara- 
tions. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  revise  the  aforementioned  article,  and  to  bring  in  an 


98 

article  or  chapter,  setting  forth  the  oaths  and  declarations  to  be 
taken  by  the  several  officers  of  Government,  previous  to   their 
entering   upon   the  execution  of  their  offices.     Which,  being 
put,  passed  in  the  affirmative.     A  nomination  being  called    for. 
The  Hon.  Mr.  Pickering, 
The  Rev.  Mr.  Cummings,  and 
The  Rev.  Mr.  West,  were  appointed. 

The  5th  article  was  then  read,  and  on  a  motion,  made  and 
seconded. 

Voted,  to  pass  over  this  article  for  the  present. 

The  6th  article,  was  also  read,  and  on  a  motion,  made  and 
seconded. 

Voted,  That  this  article  be  postponed  for  the  present. 

Upon  the  grounds  and  reasons  of  the  two  last  preceding 
votes,  it  was  moved,  and  seconded,  that  the  Governor  have  a 
Council  assigned  him.  Which,  being  put,  passed  in  the  affirma- 
tive. 

It  was  then  agreed,  that  the  determination  of  the  Convention 
upon  the  last  subject,  shall  not  be  construed  to  preclude  debate 
in  future,  on  the  question  whether  the  Senate  shall  or  shall  not 
be  of  Council  to  the  Governor. 

The  Convention  then  recurred  to  the  consideration  of  the  5th 
article  of  the  3d  chapter,  when,  after  some  debate,  it  was 
moved,  and  seconded,  that  this  article  be  suspended  until  the 
mode  of  appointing  Counsellors  shall  be  determined  upon. 
Which,  being  put,  passed  in  the  affirmative;  whereupon,  it  was 
moved,  and  seconded,  to  consider  and  act  upon  the  2d  article 
in  the  3d  section,  3d  chapter.  Which,  being  put,  passed  in  the 
affirmative. 

The  said  article  was  accordingly  taken  up  and  considered. 

It  was  then,  on  a  motion,  made  and  seconded, 

Voted,  That  the  article  be  taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  room,"  was  then  read  and  de- 
bated. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  now 
adjourned,  which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  [the]  Senate,  as  a 
Senate  be  of  Council  to  the  Governor.  Which,  being  put, 
passed  in  the  negative. 


99 

It  was  moved,  and  seconded,  that  the  words,  "  out  of  the  per- 
sons returned  for  Counsellors  and  Senators,"  be  expunged  ; 
which,  being  largely  debated,  it  was  moved,  and  seconded,  that 
the  Convention  be  now  adjourned.  Which,  being  put,  passed  in 
the  affirmative. 

The  Convention  was  accordingly  adjourned  to  to-morrow 
morning,  at  nine  o'clock. 


Friday  Morning,  11th  Feb. 

Met  according  to  adjournment. 

The  2d  article,  3d  section,  3d  chapter,  in  the  report  of  the 
General  Committee,  was  then  read. 

The  Convention  then  resumed  the  consideration  of  the  mo- 
tion, made  and  seconded,  last  evening,  viz.  that  the  words  "  out 
of  the  persons  returned  for  Counsellors  and  Senators,"  be  ex- 
punged. The  question  being  varied  by  a  subsequent  motion, 
made  and  seconded,  viz.  whether  the  Council  shall  be  chosen 
at  large  through  the  State,  subject  to  the  restriction  of  the 
4th   article. 

The  same  was  largely  debated,  when  the  same,  being  put, 
passed  in  the  negative,  32  out  of  70. 

It  was  then  moved,  and  seconded,  that  the  following  words 
be  added  to  the  article,  viz.  that,  in  case  there  shall  not  be 
found,  upon  the  first  choice,  the  whole  number  of  nine  persons 
who  will  accept  a  seat  in  the  Council,  the  deficiency  shall  be 
made  up  by  the  electors  aforesaid,  from  among  the  people  at 
large,  and  the  number  of  Senators  left  shall  be  the  Senate  for 
the  year,  subject  to  the  restrictions  of  the  4th  article.  Which, 
being  put,  passed  in  the  negative,  30  out  of  66, 

It  was  then  moved,  and  seconded,  that  the  Council  be  elected 
out  of  the  Senate  and  House  of  Representatives,  the  vacancies 
thus  occasioned  to  be  filled  up  by  precepts  to  the  electors  for 
a  new  choice.  It  was  then  moved,  and  seconded,  that  the  arti- 
cle as  it  stands  in  the  report  be  now  put. 

Moved,  and  seconded,  that  the  present  matter  in  debate,  or 


100 

the  further  consideration  of  the  2d  article  subside,  and  that  the 
Convention  return  to  the  consideration  of  the  1st  section,  in  the 
3d  chapter,  viz.  the  Governor. 

Moved,  and  seconded,  that  the  vote,  passed  this  morning, 
that  the  Council  be  not  chosen  at  large  through  the  State,  &c. 
be  reconsidered.  Which,  being  put,  passed  in  the  affirmative. 
Moved,  and  seconded,  that  the  article,  as  it  now  stands  in  the 
report,  be  now  put;  which  motion  being  frustrated  by  the  last 
vote,  it  was  moved,  and  seconded,  that  a  Committee  be  appoin- 
ted to  bring  in  an  article,  as  a  substitute  for  the  article  which 
has  been  under  consideration.  Which,  being  put,  passed  in 
the  affirmative. 

On  a  motion,  made  and  seconded, 
Votedf  That  the  Committee  consist  of  five. 
A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,   viz.       The  President, 
Judge  Seargent, 
Judge  Sullivan, 
Major  Washburn,  and 
Mr.  Jackson. 
It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed.  Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  3  o'clock,  P.  M. 

Friday f  P.  M.,  three  o'' clock. 

Met  according  to  adjournment. 

The  Convention  went  into  the  consideration  of  the  1st  article, 
3d  section. 

The  name  of  Lieutenant  Governor  occuring  in  the  article,  it 
was  moved,  and  seconded,  that  there  be  a  Lieutenant  Governor 
in  the  administration  of  the  Government  of  this  Commonwealth. 
Which,  being  put,  passed  in  the  affirmative. 

The  1st  article  aforesaid,  was  then  read,  and  voted  to  be 
taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  together,"  being  read,  it  was 
moved,  and  seconded,  that  the  Convention  go  into  the  consider- 
ation of  the  powers  of  the  Governor.  Which,  being  put,  passed 
in  the  affirmative. 

The  5th  article,  of  the  1st  section,  3d  chapter,  was  according- 


101     ^,i-^^/,\-/^^/l^^^\l:^^ 

ly  read,  and  debated,  when,  on  a  motion,  made  and   seconded 

Voted,  That  the  word  "  five,"  be  passed  over  for  the  present* 

The  article  with  the  suspension  of  the  word  *'five"  aforesaid, 
was  then  put,  and  accepted. 

The  6th  article  being   then  read,  the  same  was 

Voted,  to  be  considered  in  paragraphs. 

The  1st  paragraph,  as  far  as  the  words  "recess  of  the  said 
Court,"  was  then  read  and  debated.  It  was  moved,  and  second- 
ed, that  the  words  "  one  hundred  and  fifty,"  be  substituted  in 
lieu  of  the  word  "  ninety."     Withdrawn. 

The  1st  paragraph    was  then  put,  and  accepted. 

The  2d  as  far  as  "  May"  read,  and  on  a  motion,  made  and  sec- 
onded, 

Voted,  To  be  referred  to  a  Committee  for  amendment. 

A  nomination  being  called  for,  the  Hon.  Mr.  Paine  was  ap- 
pointed. 

The  7th  article  was  then  read,  when  it  was  moved,  and  sec- 
onded, that  [the]  words  "necessity,  expediency  or,"  be  inserted 
between  the  words  "  the"  and  "  time,"  which,  being  put,  passed 
in  the  aflirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  not  ex- 
ceeding one  hundred  and  twenty  days,"  be  added  to  the  article, 
after  the  word  "  require."  Which,  being  put,  passed  in  the 
negative. 

It  was  then  moved,  that  [the]  words  "  not  exceeding  ninety 
days"  be  inserted  immediately  after  the  words  "  General  Court*" 
Which,  being  put,  passed  in  the  aflirmative. 

The  article  was  then  put  with  the  amendments,  and  accepted. 

The  8th  article  was  then  read,  and 

Voted,  to  be  taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  sea  and  land,"  was  then  read 
and  accepted. 

The  2d.  do,  as  far  as  "  Navy"  was  then  read,  and  it  was 
moved,  and  seconded,  that  the  words  "to  be  appointed  by  him," 
be  expunged,  which  being  withdrawn,  it  was  moved,  and  sec- 
onded, that  the  words  "  by  himself  or  such  officer  or  officers  as 
he  shall  order"  be  inserted  in  lieu  of  the  words  in  the  article. 
Withdrawn.  It  was  moved,  and  seconded,  that  the  word 
14 


-  :  v;:  ^::  }-::,"  102 

*  Chief,"  be  expunged.  Which,  being  put,  passed  in  the  affir- 
mative. 

It  was  moved  and  seconded,  that  the  words  "  to  be  appointed 
by  him,"  be  expunged.  Which  being  put,  passed  in  the  affirm- 
ative. 

The  paragraph  was  then  put,  and  accepted. 

The  3d  paragraph,  as  far  as  "  Commonwealth,"  was  then 
read  and  accepted. 

[The]  4th  paragraph  being  read,  on  a  motion,  made  and  sec- 
onded, 

Voied^  That  the  words  "and,"  before,  and  "  if  necessary,"  im- 
mediately after  the  word  "  destroy,"  be  inserted  in  this  paragraph. 

It  was  moved,  and  seconded,  that  the  word  "expulse,"  in  the 
3d  paragraph,  be  expunged,  and  the  word  "  expel,"  be  inserted. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  to  transpose  the  words,  by 
placing  the  word  "  expel,"  after  the  word  "  resist."  Which, 
being  put,  passed  in  the  affirmative. 

The  4th  paragraph  being  then  put,  was  accepted. 

The  5th,  as  far  as  "  require,"  was  put,  and  accepted. 

It  was  moved,  and  seconded,  to  reconsider  the  last  paragraph, 
so  far  as  to  insert  the  word  "or,"  between  the  words  "war"  and 
"  invasion,"  and  the  words  "  and  also  in  a  time  of,"  before  the 
word  "  rebellion,"  and  the  words  "  declared  by  the  Legislature 
to  exist,"  immediately  after  the  word  "  rebellion,"  which,  being 
put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  in  the  last  clause  or 
paragraph  of  this  article,  the  words  "  in  fine,"  be  expunged  ; 
the  words  "  these  and,"  be  inserted  after  the  word  "  all,"  and 
the  words  "  and  not  otherwise,"  at  the  close  of  the  paragraph. 
Which,  being  put,  passed  in  the  affirmative. 

The  paragraph  was  put,  and  accepted. 

The  6th  paragraph  was  then  read,  (as  far  as  defence,)  and  it 
was  moved,  and  seconded,  that  the  words  "  in  time  of  war,"  be 
substituted  in  lieu  of  the  words  "  from  time  to  time."  The 
paragraph  was  then  put,  and  rejected. 

The  7th  paragraph  was  then  put,  and  rejected. 

The  8th  do.  was  read,  put,  and  rejected. 

The  9th  was  then  read,  put,  and  accepted. 


103 

The  proviso  was  then  read,  and 

Voted,  to  be  taken  up  in  paragraphs. 

The  1st  paragraph,  as  far  as  Court,  was  then  read  ;  it  was 
moved,  and  seconded,  that  Mr.  Lowell  be  a  Committee,  to  bring 
in  a  paragraph,  for  the  purpose  of  marching  the  troops  of  this 
State  through  the  State  of  New  Hampshire,  upon  emergencies. 
Which,  being  put,  passed  in  the  affirmative. 

The  2d  paragraph  being  read,  and  largely  debated,  the  same 
was  put,  and  rejected. 

The  9th  article  was  read,  and  accepted. 

The  10th  article  being  read,  and  voted  to  be  considered  in 
paragraphs,  and  the  1st  paragraph  read,  it  was  moved,  and  sec- 
onded, that  the  Convention,  in  considering  the  appointment  of 
Judicial  Officers,  by  the  Governor  and  Council,  consider  the 
officers  distinctly.     Which,  being  put,  passed  in  the  affirmative. 

The  words  "Judicial  Officers,"  being  read,  it  was  moved,  and 
seconded,  that  in  considering  and  determining  the  mode  of  ap- 
pointing Judicial  Officers,  the  several  offices  in  that  department 
be  separately  put. 

The  Judges  of  the  Superior  Court,  being  nominated,  it  was 
moved,  and  seconded,  that  they  be  nominated  and  appointed  by 
the  Governor,  and  by  and  with  the  advice  and  consent  of  Coun- 
cil.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Judges  of  the  In- 
ferior Court,  be  appointed  by  the  Governor  and  Council. 

It  was  then  moved,  and  seconded,  that  the  Justices  of  the 
Court  of  Common  Pleas  be  appointed  by  the  Governor  and 
Council,  out  of  a  nomination  list  to  be  exhibited  by  the  Judicial 
Officers  of  the  County,  viz  :  the  Justices  of  the  Common  Pleas 
and  of  the  Peace,  subject  to  a  negative  of  the  Governor  and 
Council. 

It  was  then  moved,  and  seconded,  that  the  further  considera- 
tion of  this  article  be  suspended,  until  the  Convention  shall 
have  determined  upon  the  mode  of  appointing  military  officers. 

It  was  then  moved,  and  seconded,  that  the  Convention  now 
adjourn.     Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned. 


104 


Saturday  Morning,  12th  Feb. 

Met  according  to  adjournment. 

The  Convention  then  resumed  the  motion,  which  was  under 
consideration  last  evening,  viz  :  that  the  Justices  of  the  Court 
of  Common  Pleas  should  be  appointed  by  the  Governor  and 
Council,  out  of  a  nomination  list,  to  be  exhibited  by  the  Judi- 
cial Officers  of  the  County,  subject  to  a  negative  of  the  Gov- 
ernor and  Council  ;  which,  being  largely  debated,  the  question, 
that  the  Justices  of  the  Courts  of  Common  Pleas  shall  be  nomina- 
ted and  appointed  by  the  Governor,  by  and  with  the  advice  of 
Council,  being  put,  passed  in  the  affirmative,  36  in  58. 

It  was  then  moved,  and  seconded,  that  the  Judges  of  the  Mar- 
itime Courts  be  nominated  and  appointed  in  the  same  manner. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Judges  of  Probate 
be  nominated  and  appointed  in  the  same  manner.  Which,  be- 
ing put,  passed  in  the  affirmative,  32  in  56. 

It  was  then  moved,  and  seconded,  that  the  Justices  of  the  Peace 
be  nominated  and  appointed  in  the  same  manner.  Which,  be- 
ing put,  passed  in  the  affirmative,  33  in  59. 

Having  gone  through  the  appointment  of  the  Judicial  Offi- 
cers, it  was  then  moved,  and  seconded,  that  the  Attorney  General 
be  nominated  [and]  appointed  by  the  Governor,  by  and  with 
the  advice  and  consent  of  Council.  Which,  being  put,  passed 
in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Solicitor  General 
be  nominated  and  appointed  in  the  same  manner.  Which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  all  Sheriffs  be  nomina- 
ted and  appointed  in  the  same  manner.  Which,  being  put, 
passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  Coroners  be  nominated 
and  appointed  in  the  same  manner.  Which,  being  put,  passed 
ip  the  negative. 

It  was  then  moved,  and  seconded,  that  the  vote  for  the  Sher^ 
iffs  being  nominated  and  appointed  by  the  Governor,  with  ad- 
vice and  consent  of  Council,  be  reconsidered.  Which,  being 
put,  passed  in  the  affirmative. 


I 


105 

It  was  then  moved,  and  seconded,  that  a   Committee  be  ap- 
pointed to  bring  in  an  article,  which  shall  prescribe  the  mode 
in    which,  and  terms   on  which   Sheriffs  and  Coroners  shall  be 
appointed.     Which,  being  put,  passed  in  the  affirmative. 
A  nomination  being  called  for,  the  following  gentlemen,  viz  : 
The  Hon.  Judge  Sullivan, 
Mr.  Spooner,  and 
Judge  Sewall,  were  appointed. 
It  was   then   moved,  and   seconded,  that  the  Convention  be 
now  adjourned  to  Monday  morning,  10  o'clock.     Which,  being 
put,  passed  in  the  affirmative,  and  the  Convention  was  adjourn- 
ed accordingly. 


Monday  Morning,  10  o'clock,  14  Feb. 

Met  according  to  adjournment. 

The  Committee  on  the  6th  article,  1st  section,  and  3d  chap- 
ter, reported  the  following  amendment,  viz :  that  the  words 
"  on  the  Wednesday  next  preceding  the  last  Wednesday  in 
May,"  be  expunged,  and  the  words  following  be  introduced, 
viz  :  "  and  the  said  General  Court  shall  be  dissolved  by  the 
Governor,  on  the  Wednesday  next  preceding  the  last  Wednes- 
day in  May,  if  not  before  dissolved." 

On  a  motion,  made  and  seconded. 

Voted,  That  the  above  article  be  recommitted  for  additions. 

The  Convention  then  resumed  the  consideration  of  10th  ar- 
ticle, 1st  section,  3d  chapter. 

It  was,  on  a  motion,  made  and  seconded. 

Voted,  Th^t  the  Registers  of  Probate  be  appointed  by  the 
Governor,  with  advice  of  Council. 

It  was  then  moved,  and  seconded,  that  the  words  "  the  Regis- 
ters of  the  Maritime  Courts,"  be  expunged.  Which,  being 
put,  passed  in  the  affirmative. 

The  last  clause,  ascertaining  the  time  within  which  nomina- 
tions previous  to  appointments  shall  be  made,  was  then  read 
and  debated.     Which,  being  put,  was  accepted. 

The  11th  article  being  then  read,  it  was  moved,  and  seconded, 


106 

to  refer  the  consideration  of  this  article  to  to-morrow,  at  11 
o'clock.     Which,  being  put,  passed  in  the  afRrmative. 

The  12th  article  was  then  read,  and  debated.  Moved,  and 
seconded,  that  the  words  "  with  advice  and  consent  of  Coun- 
cil," be  expunged.  Which,  being  put,  passed  in  the  affirma- 
tive, 27  out  of  50. 

It  was  then  moved,  and  seconded,  that  the  last  preceding 
vote  be  reconsidered.  Which,  being  put,  passed  in  the  nega- 
tive. 

The  article,  with  the  words  aforesaid,  being  expunged,  was 
then  put,  and  accepted,  29  out  of  54. 

Major  Washburn  laid  upon  the  table  a  report  of  the  Com- 
mittee, appointed  to  bring  in  amendments  on  the  2d  article,  2d 
section,  2d  chapter. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed.    It  was  accordingly  adjourned  to  3  o'clock,  P.  M. 

Monday  P.  M.,  Three  o'clock,  15*  Feb, 

Met  according  to  adjournment. 

The  13th  article,  1st  section,  3d  chapter,  being  read,  the 
same  was  taken  up,  and  considered  in  paragraphs. 

The  1st,  as  far  as  "  forts  and  garrisons,"  was  then  read  and 
accepted. 

The  2d,  as  far  as  "  harbors  adjacent,"  was  then  read  and  ac- 
cepted. 

The  3d  and  last  was  read,  and  accepted. 

The  article  was  then  put,  and  accepted. 

The  14th  article  was  then  read,  whereupon  it  was  moved,  and 
seconded,  that  the  further  consideration  of  this  article  be  post- 
poned until  the  Convention  shall  have  acted  upon  the  last  par- 
agraph of  the  1st  article,  Ist  section,  in  the  2d  chapter,  viz  : 
the  Governor's  negative  on  laws.  Which,  being  put,  passed  in 
the  affirmative.  ^ 

The  15th  article  was  then  read  ;  the  same  was  agreed  to  be 
considered  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  accordingly,"  was  read  and 
accepted, 

*  Should  be  14th  Feb. 


107 

The  2(1  do.  as  far  as  *'  Court,"  being  read,  it  was  moved,  and 
seconded,  that  the  words  "  Supreme  Judicial  Court,"  be  substi- 
tuted in  Jieu  of  the  words  "  Superior  Court." 

The  amendment  being  put,  passed  in  the  affirmative. 

The  paragraph  being  put,  the  same  was  accepted. 

The  3d  paragraph  was  then  put,  was  accepted. 

The  article  being  then  put,  the  same  was  accepted. 

The  2d  section  being  then  taken  up,  and  proposed  to  consid- 
eration, it  was,  previous  to  entering  upon  the  same,  moved  and 
seconded,  [that]  an  article  be  brought  in,  directing  and  em- 
powering the  Governor  to  lay  before  the  two  Houses  of  the 
Legislature,  at  the  beginning  of  each  Session  of  the  General 
Court,  and  oftener,  if  necessary,  by  Speech  or  by  Message,  the 
state  of  the  Commonwealth,  and  the  business  which  may  appear 
to  him  necessary  to  be  acted  upon  by  them  ;  which  b6ing  by 
consent  suspended  for  the  present,  the  section  was  entered 
upon,  and  the  1st  article  in  the  same  was  read,  and  agreed  to 
be  considered  in  paragraphs. 

The  1st  paragraph,  as  far  as  "  His  Honor,"  was  read  and  ac- 
cepted. 

The  2d,  as  far  as  "  Governor,"  was  read  and  debated,  when 
it  was  moved  and  seconded,  that  a  Committee  be  appointed  to 
bring  in  a  general  clause,  which  shall  ascertain  who  are,  or 
shall  be  deemed  subjects  of  the  Commonwealth  of  Massachu- 
setts.    Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  viz  j 
The  Hon.  Judge  ScARGfENT, 
Judge  Sullivan,  and 
Mr.  Paine,  were  appointed. 

The  paragraph  being  then  put,  was  accepted. 

The  3d  paragraph,  as  far  as  "  the  same  manner,"  being  ready 
it  was  moved,  and  seconded,  that  the  words  "and  the  day  and 
manner  of  his  election,  and  the  qualifications  of  the  electors, 
shall  be  the  same  as  are  required  in  the  election  of  a  Gover- 
nor," be  substituted  in  lieu  of  the  words  "  he  shall  be  chosen 
on  the  same  day,  in  the  same  manner,  and  by  the  same  per- 
sons ;"  the  same  being  put,  the  said  amendment  was  accepted. 

The  paragraph  being  put,  was  accepted. 

The  4th  and  last  paragraph  being  read,  it  was  moved,  and 


108 

seconded,  that  the  words  "  of  all  the  votes  returned,"  be  insert- 
ed in  lieu  of  the  words  ''  of  votes,"  and  the  vi^ords  "  shall  have," 
instead  of  "  has."     Which,  being  put,  passed  in  the  affirmative. 

The  article  being  put,  with  the  amendments,  the  same  was 
accepted. 

The  3d  article,  1st  section,  3d  chapter,  being  referred  to,  it 
was  on  a  motion,  made  and  seconded. 

Voted,  to  substitute  the  words  "  all  the  votes  returned,"  in 
lieu  of  the  words  "votes  thro'  the  Commonwealth." 

The  2d  article,  2d  section,  3d  chapter  was  then  read,  when 
it  was  moved,  and  seconded,  that  the  words  ex-officio,  be  ex- 
punged.    Which,  being  put,  passed  in  the  affirmative. 

The  article  was  then  put,  and  accepted. 

The  3d  article,  being  read,  it  was  moved,  and  seconded,  that 
the  words  "  perform  all  the  duties  incumbent  upon  the  Governor 
and  shall,"  be  inserted  between  the  words  "  vacancy  "  and 
"  have,"  and  to  substitute  the  word  "  hCj"  in  lieu  of  the  words 
"  the  Governor."     Which,  being  put,  passed  in  the  affirmative. 

The  article  being  put,  with  the  amendment,  was  accepted. 

The  2d  article  being  resumed  for  reconsideration,  it  was 
moved,  and  seconded,  that  the  same  be  committed  for  a  new 
draught  to  the  gentlemen,  who  were  appointed  a  Committee  to 
determine  the  qualifications  of  persons,  who  are  or  shall  be  de- 
clared subjects  of  this  Commonwealth.  Which,  being  put, 
passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  it  be  recommended 
to  the  honorable  the  Judges  of  the  Superior  Court  to  adjourn 
the  said  Court,  for  such  a  term  as  may  be  consistent  with  their 
ideas  of  their  duty,  in  order  to  their  attendance  on  the  business 
of  this  Convention.  Which,  being  put,  passed  in  the  affirma- 
tive. 

The  4th  article   was  then  read,  and  accepted. 

The  5th  was  then  read,  and  largely  debated.  It  was  moved, 
and  seconded,  that  the  article  be  committed  for  a  new  draught. 
Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for, 


109 

The  Hon.  Mr.  Adams,  and 
Mr.  Paine,  and 

Mr.  Sumner,  were  appointed. 

The  1st  article  in  the  3d  section^  was  then  read,  and,  on  a 
motion,  made  and  seconded. 

Voted,  to  be  postponed  until  the  Committee  on  the  next  ar- 
ticle shall  report. 

The  3d  article  was  then  put,  and  accepted. 

The  4th  being  read,  the  same  was,  on  a  motion,  made  and 
seconded, 

Voted,  to  be  postponed  until  the  Committee  on  the  second 
article  should  report. 

The  5th  article  was  then  read,  and  accepted. 

The  6th  article  was  then  read,  and  accepted. 

The  7th  article  was  then  read,  and  considered  in  paragraphs. 

The  1st  as  far  as  "  completed  "  read,  and  accepted. 

The  2d  as  far  as  *'  elected,"  being  read,  the  same  with  the 
succeeding  paragraph,  on  a  motion,  made  and  seconded, 

Voted,  to  be  postponed  until  the  Committee  on  the  2d  and 
4th  articles,  2d  section,  2d  chapter,  shall  report. 

The  8th  article  was  then  read. 

The  Committee  on  the  subject  of  oaths  and  declarations 
made  the  following  report,*  which,  on  a  motion,  made  and  sec- 
onded, was  considered  in  paragraphs. 

The  preamble  being  read  and  accepted,  it  was  moved,  and 
seconded,  that  the  latter  part  of  the  same  be  recommitted  for 
amendment.    Which,  being  put,  passed  in  the  affirmative. 

The  Hon.  Mr.  Pickering,  Chairman  of  that  Committee,  be- 
ing absent,  it  was  moved  and  seconded,  that  one  gentleman  be 
added  to  the  Committee.  Which,  being  put,  passed  in  the  affir- 
mative. 

A  nomination  being  called  for,  Theophilus  Parsons,  Esq. 
was  appointed. 

The  oath  of  the  Governor,  Lieut.  Governor,  Senate,  Council, 
and  House  of  Representatives,  was  then  read,  and  being  consid- 
ered in  paragraphs,  after  sundry  amendments  distinctly  put  and 
accepted,  was  put,  and  with  the  Preamble,  accepted  as  follows: 

Any   person  chosen  Governor,  Lieut.  Governor,  Counsellor, 

*  Report  not  entered. 
15 


no 

Senator  or  Representative,  and  accepting  the  trust,  shall,  before 
he  proceeds  to  execute  the  duties  of  his  place  or  office,  make 
and  subscribe  the  following  declaration  in  the  presence  of  the 
two  Houses,  viz  : 

I,  A.  B.  do  declare  that  I  believe  the  Christian  religion  and 
have  a  firm  persuasion  of  its  truth  ;  and  that  I  am  seized  and 
possessed,  in  my  own  right,  of  the  property  required  by  the 
Constitution,  as  one  qualification  for  the  office  or  place  to 
which  I  am  elected. 

The  following  declaration  with  the  preamble  was  also  accept- 
ed, viz  : 

And  every  person  chosen  to,  and  accepting  either  of  the  pla- 
ces or  offices  aforesaid,  as  also  any  person  appointed  or  com- 
missioned to  any  Judicial,  Executive,  Military  or  other  office, 
under  the  Government  of  this  Commonwealth,  shall,  before  he 
enters  on  the  discharge  of  the  business  of  his  place  or  office, 
take  and  subscribe  the  following  oaths  or  affirmations,  viz  : 

(See  the  minutes  of  Tuesday  Morning,  9th  Feb.^) 

The  following  oath  of  office  was  then  read,  and  considered  in 
paragraphs,  viz : 

I,  A.  B.  do  solemnly  swear  and  affirm,  that  I  will  faithfully 
and  impartially  discharge  and  perform  all  the  duties  incumbent 
on  me  as  according  [to]  the   best  of  my   abilities  and 

understanding,  agreeably  to  the  rules  and  regulations  of  the 
Constitution  and  the  Laws  of  this  Commonwealth  ;  and  that  I 
will  not  attempt  or  consent  to  a  violation  thereof.  So  help  me 
God. 

The  first  paragraph,  being  put,  was  accepted,  as  far  as  the 
words  "  of  this  Commonwealth." 

The  second,  after  some  debate,  was  postponed  by  a  motion, 
made  and  seconded,  for  adjournment.  Which,  being  put,  pass- 
ed in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  to-morrow 
morning,  9  o'clock. 

*  Shoukl  be  8tb  Feb. 


lit 


Tuesday  Morning,  1 5th. 

Met  according  to  adjournment. 

The  2d  paragraph  in  the  oath  of  office  aforesaid,  being  read,  it 
was,  on  a  motion  made,  [voted]  to  expunge  the  same. 

The  clause  containing  the  oath,  was  then  read,  and  accepted. 

The  words,  "  So  help  me  God,"  were  then  put,  and  accepted. 

The  Proviso  was  then  put,  and  accepted,  viz. 

Provided  always,  that  when  any  person,  chosen  or  appointed  as 
aforesaid,  shall  be  of  the  denomination  of  the  people  called  Qua- 
kers, and  shall  decline  taking  the  said  oaths,  he  shall  make  his 
affirmations  in  the  foregoing  forms,  and  subscribe  the  same,  omit- 
ting in  the  first  oath  the  words  "  I  do  swear,"  "  and  abjure," 
"  or  oath,"  "  and  abjuration  ;"  and  in  the  second  oath,  the  words 
"  swear  and,"  and  in  each  of  them  the  words  "  So  help  me  God  ;" 
subjoining,  instead  thereof,  "  and  this  I  do  under  the  pains  and 
penalties  of  perjury." 

The  report  was  then  delivered  to  the  Committee,  for  amend- 
ment of  the  2d  paragraph  of  the  preamble,  and  Mr.  Parsons 
added  to  the  same. 

The  Rev.  Mr.  Howard  was  introduced,  and  prayed  with  the 
Convention. 

The  Committee  on  the  3d  article,  1st  section,  3d  chapter,  re- 
ported as  follows,  viz :  That  the  words  following  be  introduced 
immediately  after  the  words  "  in  May," — "  and  the  Sheriff  shall 
transmit  the  same  into  the  Secretary's  office  seventeen  days  at 
least  before  the  said  last  Wednesday,  or  the  Selectmen  may 
cause  returns  of  the  same  to  be  made  into  the  said  office  seven- 
teen days  at  least  before  the  said  day,  and  the  Secretary  shall," 
&,c.  Which,  being  put,  was  accepted. 

The  Committee  on  the  4th  article,  2d  section,  2d  chapter,  ap- 
pointed to  consider  of  a  mode  of  adjourning  the  meetings  for 
the  choice  of  Senators,  in  order  to  their  being  duly  notified  of 
such  vacancies  as  may  happen  in  the  same,  and  proceeding  to 
fill  up  such  vacancies,  reported  as  follows,  viz.  that  the  words 
following  be  introduced  immediately  after  the  words  "  majority 
of  votes"  in  the  6th  line,  viz.  "And  whereas,  it  may  happen  that 
the  whole  number  of  Senators  may  not  be  chosen  by  a  majority 
of  the  electors  voting  on  the  aforesaid  first  Wednesday  in  April; 


112 

and  in  order  that  the  right  and  power  of  election  may  be  pre- 
served as  entire  in  the  hands  of  the  electors,  as  the  nature  of 
the  case  will  admit,  therefore  it  is  further  provided,  that  the  sev- 
eral town  meetings  to  be  held  in  this  State,  on  the  first  Monday 
in  April  annually,  for  the  purpose  of  electing  Senators,  and  af- 
ter having  duly  proceeded  on  the  business  for  which  they  are 
met,  shall  adjourn  the  said  meeting  to  the  day  of  and 

that  it  may  seasonably  be  made  known  to  the  several  districts 
and  towns  in  the  State,  the  number  of  vacancies,  if  any  there 
be,  and  where  they  have  so  happened,  the  President  of  the 
Council,  or  the  Governor,  as  the  case  may  be,  shall,  21  days  at 
least  before  the  1st  Wednesday  of  June  aforesaid,  make  out  a 
list  of  the  number  and  names  of  the  Senators  chosen  by  a  ma- 
jority of  votes  in  each  district ;  and  where  it  appears  there  is  a 
vacancy  or  vacancies,  send  said  list  to  the  High  Sheriff  of  the 
County,  directing  him  without  delay  to  furnish  each  Town  Clerk 
in  the  district  with  a  copy  of  the  said  list,  to  be  by  him  laid  be- 
fore  the  town  at  the  adjournment  of  the  meetings  called  for  the 
purpose  of  electing  Senators."  Which  report,  being  put,  passed 
in  the  negative.  The  article  then  remaining  as  before  amended, 
a  general  question  arose,  upon  the  mode  of  filling  up  vacancies 
in  the  Senate,  which  being  largely  debated,  several  expedients 
were  proposed  by  way  of  amendment,  and  also  by  way  of  sub- 
stilution  to  the  article,  viz. 

That  the  election  of  Senators  be  made  at  March  meeting,  and 
the  returns  of  the  votes  be  made  by  the  Selectmen  to  the  Sher- 
iff, and  by  him  to  the  Senate  for  the  time  being,  through  the 
Secretary's  Office,  and  in  case  of  vacancy,  they  to  notify  the 
Sheriff,  and  he  the  Selectmen,  who  shall  convene  the  electors  in 
order  to  the  filling  such  vacancies,  at  the  time  prescribed  for  the 
first  election  by  the  report  of  the  General  Committee,  and,  in 
case  there  shall  be  no  choice  the  second  time,  then  the  two 
Houses  to  proceed  as  in  the  article  is  provided. 

That  the  mode  of  choice  be  the  same  as  in  the  State  of  Con- 
necticut. 

That  the  Senate  be  chosen  by  delegates  appointed  by  the 
people  to  meet  in  County  Convention  days  after  their  ap- 
pointment, and         days  before  the  last  Wednesday  in  May. 

That,  in  case  of  vacancy,  the  same  to  be  filled  up  by  precept, 


113 

in  two  months,  out  of  the  persons  who  were  Senators  the  year 
before,  and  have  the  largest  number  of  votes  in  the  County,  but 
the  first  year,  in  case  of  vacancy,  from  those  who  have  the  high- 
est number  of  votes  short  of  a  majority. 

All  which  proposals  were  set  aside  by  a  motion,  made  and  sec- 
onded, that  the  article  as  it  stands  in  the  report  be  accepted. 
Which,  being  put,  passed  in  the  affirmative. 

A  motion  was  then  made  and  seconded,  that  the  Convention 
be  adjourned.   Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  3  o'clock, 
P.  M. 

Tuesday  Afternoon,  3  o^ clock,  16*  Feb. 

Met  according  to  adjournment. 

The  order  of  the  day  being  called  for. 

The  11th  article,  1st  section,  3d  chapter,  was  read. 

It  was  moved,  and  seconded,  that  the  Militia  Officers  be  elec- 
ted by  the  People  at  large  through  the  Commonwealth,  being 
21  years  of  age  and  upwards,  and  commissioned  by  the  Gover-^ 
nor  during  good  behaviour. 

It  was  moved,  and  seconded,  that  the  General  and  Field 
Officers  be  appointed  by  the  Governor,  and  that  they  exhibit  a 
nomination  list,  from  which  the  Governor  shall  appoint  the 
Captains,  and  other  Subaltern  Officers. 

That  the  soldiers  in  the  train  and  alarm  list,  being  21  years 
of  age  and  upwards,  elect  Subaltern  Officers,  the  Subalterns 
elect  the  Field  Officers,  the  Field  Officers  elect  the  Brigadiers, 
and  the  Brigadiers  elect  the  Major  Generals  ;  the  Selectmen  or 
Sheriffs  to  preside  at  the  meetings  called  for  that  purpose  ;  said 
officers  to  be  commissioned  by  the  Governor,  for  a  term  not 
less  than  seven  years,  removeable,  however,  on  complaint,  by  a 
Court  Martial,  or  by  the  Governor  and  CounciL 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  take  in  consideration  the  Report  of  the  General 
Committee  (in  this  article)  on  the  subject  of  appointing  Militia 
Officers,  and  the  subject  at  large,  with  such  motions  as  have 
been  made,  and  the  arguments  which  have  been  adduced  in 
support  of  them,  and  report  such  a  mode  as  to  them  shall  ap- 
pear most  conducive  to  the  benefit  of  the  Commonwealth,  as  a 

*Shouldbel5thFeb. 


114 

substitute  for  the  said  article,  or,  in  other  terms,  that  a  Commit- 
tee be  appointed  to  consider  the  article  in  debate,  and  the  sub- 
ject at  large,  and  report ;  which  was  withdrawn,  for  the  present, 
with  liberty  to  renew  it. 

The  motion  being  renewed  by  another  gentleman,  and  some- 
what varied,  it  was 

Voted,  That  a  Committee  be  appointed  to  consider  and  re- 
port the  mode,  in  which  the  Militia  Officers  of  this  Common- 
wealth shall  be  appointed,  and  that  the  Committee  consist  of 
seven.     Which,  being  put,   passed  in  the    affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  viz. 
The  Hon.  Judge  Sullivan, 
Col.  Williams, 
Mr.    Lowell, 
The  Hon.  Judge  Cushing, 
Col.  Dawes, 
Col.  CuMMiNGS,  and 
Major  Washburn,  were  appointed. 

It  was  then  moved  and  seconded,  that  the  vote  passed  yester- 
day, for  expunging  the  words  "  with  the  advice  and  consent  of 
Council,"  in  the  12th  article,  1st  section,  3d  chapter,  [be  re- 
considered] and  that  the  words  be  restored.  Which,  being  put, 
passed  in  the  affirmative,  4S  in  73. 

It  was  then  moved,  and  seconded,  that  the  word  "  no"  be 
substituted  in  lieu  of  the  word  "  all"  in  the  12th  article  afore- 
said, and  the  word  "  but"  added  immediately  after  the  words 
"  disposed  of"     Which,  being  put,  passed  in  the  affirmative. 

The  Committee  on  the  1st  article,  1st  section,  2d  chapter, 
(2d  paragraph)  and  on  the  2d  paragraph,  6th  article,  1st  section, 
3d  chapter,  reported,  in  the  1st  article  aforesaid,  that  imme- 
diately after  the  word  "  necessary,"  the  following  words  be  in- 
troduced, viz :  "  and  shall  be  dissolved  on  the  Wednesday  next 
preceding  the  last  Wednesday  in  May,  annually,  provided,  they 
be  not  before  that  time  dissolved  by  the  Governor,  at  their 
request." 

And  in  the  6th  article  aforesaid,  the  following  words  be  sub- 
joined at  the  close  of  the  same,  viz. 

"  And  the  said  General  Court  shall  be  dissolved  by  the  Gov- 
ernor, on  the  Wednesday  next  preceding  the  last  Wednesday 


115 

in  May,  if  not  before  dissolved."  Which  report  being  put,  the 
same  was  accepted. 

It  was  also  moved,  and  seconded,  that  the  following  words  be 
inserted  between  the  words  "  disposed  of"  and  the  word  "but," 
viz.  "  excepting  such  sums  as  may  be  appropriated  for  the  re- 
demption of  bills  of  credit,  or  treasurer's  notes  or  for  payment 
of  interest  arising  thereon,"  in  the  12th  article  aforesaid. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "disposed 
of,"  be  expunged.  Which,  being  put,  passed  in  the  affirma- 
tive. 

The  article,  with  the  amendments,  was  then  put,  and  accep- 
ted. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned  to  to-morrow  morning,  9  o'clock.  Which,  being 
put,  passed  in  the  affirmative.  And  the  Convention  was  ad- 
journed accordingly. 


Wednesday  Morning,  16th, 

Met  according  to  adjournment. 

The  Convention  proceeded  in  the  report,  and  the  2d  article^ 
3d  chapter,  being  read,  and  on  a  motion,  made  and  seconded, 
the  words  "  Governor  and  Council,"  were  restored,  and  the  ar- 
ticle accepted. 

The  2d  paragraph,  1st  article,  4th  chapter,  was  then  read  asf 
far  as  "  behaviour."  Which  being  debated,  it  was  moved,  and 
seconded,  that  a  given  period  be  established,  for  the  expiration 
of  the  commissions  of  all  the  Judicial  Officers  of  this  Common- 
wealth, excepting  those  of  the  Judges  of  the  Supreme  Judicial 
Court. 

It  was  moved,  and  seconded,  that  the  words  "  excepting  Jus- 
tices of  the  Peace,"  be  inserted  after  the  word  "  sworn." 

The  Rev.  Dr.  Cooper  was  introduced,  and  prayed  with  the 
Convention. 

It  was  also  moved,  and  seconded,  that  the  commission  of  the 
Committee  for  considering  the  business  incident  to  the   Court 


116 

of  General  Sessions  of  the  Peace,  and  for  annexing  the  same 
to  the  Court  of  Common  Pleas,  be  enlarged,  and  that  they  con- 
sider of  the  expediency  of  new  regulating  the  business  of  the 
Court  of  Common  Pleas,  and  report.  Which,  being  put,  passed 
in  the  negative. 

It  was  also  moved,  and  seconded,  that  the  said  Committee  be 
discharged.     Which,  being  put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  the  Governor's  negative  on 
laws,  3d  paragraph,  1st  section,  2d  chapter,  page  16,  be  taken 
up  immediately  after  the  business  of  Representation  shall  have 
been  determined. 

J^otedf  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  now 
proceed  to  the  consideration  of  the  subject  of  Representation, 
(page  24th.)     Which,  being  put,  passed  in  the  affirmative. 

The  article  under  consideration  not  having  been  determined 
upon,  a  previous  question  was  moved,  and  seconded,  that  this 
article  be  first  considered  and  determined  upon,  or  suspended. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Judges  of  the  In- 
ferior Court,  hold  their  offices  during  good  behaviour. 

It  was  also  moved,  and  seconded,  that  the  Judges  of  the  In- 
ferior Court  be  appointed  to  hold  their  commissions  for  40 
years,  removeable  for  misbehaviour. 

A  debate  arising,  respecting  the  Convention's  acting  upon 
the  questions  which  have  been  moved  and  seconded,  consis- 
tently with  their  former  vote  on  [the]  subject,  a  previous  ques- 
tion was  moved,  and  seconded,  viz  :  whethe*  ^the  Convention 
can  now  go  into  the  consideration  of  the  questions  relative  to 
the  tenure  of  the  Justices  of  the  Inferior  Court.  Which,  be- 
ing put,  passed  in  the  affirmative. 

The  first  question  then  remaining  in  order  was  accordingly 
very  fully  debated,  viz  :  That  the^Judges  of  the  Inferior  Court 
hold  their  Commissions  during  good  behaviour. 

It  was  then  moved,  and  seconded,  to  adjourn.  Which,  being 
put,  passed  in  the  negative. 

The  question  being  then  put,  whether  the  Judges  of  the  In- 
ferior Court  of  Common  Pleas  shall  hold  their  commissions  du- 
ring good  behaviour.  The  same  passedj  injhe  affirmative,  62 
out  of  86. 


117 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  3  o'clock  this  afternoon.  Which,  being  put,  passed 
in  the  affirmative. 

The  Convention  was  adjourned  accordingly. 

Wednesday  P.  M.   Three  o^clock. 

Met  according  to  adjournment. 

The  2d  paragraph  in  the  1st  article,  4th  chapter,  being  in 
course   under  consideration, 

It  was  moved,  and  seconded,  that  the  further  consideration 
of  the  article  be  postponed  until  the  subject  of  Representation 
shall  have  been  acted  upon.  Which,  being  put,  passed  in  the 
negative. 

The  paragraph  being  then  open  to  debate,  it  was  moved,  and 
seconded,  that  [the]  words  "  Justices  of  the  Peace,"  be  intro- 
duced immediately  after  the  word  "  sworn." 

It  was  then  moved,  and  seconded,  that  the  Judges  of  Probate 
shall  hold  their  offices  during  good  behaviour.  Which,  being 
put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Judges  of  Mari- 
time Courts  shall  hold  their  commissions  during  good  behaviour. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  excepting 
such  as  are  otherwise  provided  for  in  the  Constitution,"  be  in- 
serted immediately  after  the  word  "  behaviour." 

It  was  moved,  and  seconded,  that  the  words  "  all  Judicial  Of- 
ficers," be  expunged,  and  the  several  Judicial  Officers,  the  ten- 
ure of  whose  commissions  have  been  already  determined  uponj 
be  particularly  enumerated. 

The  1st  question  being  put,  passed  in  the  affirmative. 

The  paragraph  was  then  put,  and  accepted. 

The  3d  paragraph,  as  far  as  "  Legislature,"  being  read,  and 
largely  debated,  when  the  same  was  put,  and  accepted. 

The  4th  and  last  being  read,  on  a  motion,  made  and  seconded, 
the  same  was 

Voted,  to  be  expunged. 

The  article  was  then  put,  with  the  amendments,  and  accept- 
ed. 

The  order  of  the  day  being  called  for,  the  Convention  went 
16 


U8 

into  the  consideration  of  the  subject  of  Representation,  when 
the  1st  article,  3d  section,  2d  chapter,  was  read  and  debated. 

On  a  motion,  made  and  seconded,  the  words  •'  on  the  princi- 
ple of,"  were  voted  to  be  inserted,  before  the  word  "  equality  " 
and  accepted  ;  when,  on  a  motion,   made  and  seconded,  it  was 

Voted,  That,  in  order  to  a  more  full  and  free  discussion  of 
the  subject,  the  Convention  go  into  a  Committee  of  the  whole 
House.     Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for.  The  Hon.  William  Cushing, 
Esq.  was  appointed.*^ 

Five  o'clock. 

The  Convention  resolved  themselves  into  a  Committee  accor- 
dingly. 

Half-past  8  o^clocJc. 

The  Committee  aforesaid  reported,  that  they  had  proceeded 
to  the  consideration  of  the  subject  assigned  them,  but,  that  not 
having  time  to  complete  it,  they  had  agreed  to  desire  leave  to 
sit  again  for  that  purpose.  Whereupon,  on  a  motion,  made  and 
seconded,  it  was 

Voted,  That  10  o'clock  to-morrow  morning  be  assigned  for 
the  said  Committee  to  sit  and  proceed  in  the  consideration  of 
the  subject  of  Representation  at  large. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  to-morrow  morning,  9  o'clock. 

The  Convention  was  adjourned  accordingly. 


Thursday  Morning,  17th  Feb. 

Met  according  to  adjournment. 

The  report  of  the  Committee  on  Oaths,  having  yesterday  been 
made  and  laid  on  the  table,  the  same  w^as  now  considered,  when 
the  following  additions  and  amendment  were  read  and  accept- 
ed, viz :  to  expunge  the  words  "  in  the  presence  of  the  Houses," 
at  the  close  of  the  preamble,  and  subjoin  the  following,  viz  : 
"  And  the  said  declaration  shall  be  made  and  subscribed   by 

*  Uue  ?  Chairman  of  the  Committee  ? 


119 

the  Governor,  Lieutenant  Governor,  and  Counsellors,  in  tlie 
presence  of  the  two  Houses  of  the  General  Court,  and  by  the 
Senators  and  Representatives,  upon  the  first  election  under  this 
Constitution,  in  the  presence  of  the  President  and  five  of  the 
last  Council  of  the  former  Constitution,  and  for  ever  afterwards 
in  the  presence  of  the  Governor  and  his  Council  of  the  pre- 
ceding year,"  and  to  add  the  following  paragraph  after  the  pro- 
viso, viz :  "  And  the  said  oaths  or  affirmations  shall  be  taken 
and  subscribed  by  the  Governor,  Lieutenant  Governor,  and 
Counsellors,  before  the  President  of  the  Senate,  in  the  pres- 
ence of  the  two  Houses  of  Assembly,  and  by  the  Senators  and 
Representatives,  upon  the  first  election  under  this  Constitution, 
before  the  President  and  five  of  the  last  Council  of  the  former 
Constitution ;  and,  forever  afterwards,  before  the  Governor  and 
his  Council  of  the  preceding  year ;  and  by  all  the  other  officers 
aforesaid,  before  such  person  or  persons,  in  such  manner  as  shall 
from  time  to  time  be  prescribed  by  the  Legislature." 

The  report  was  then  read,  when  a  motion  was  made  and 
seconded,  that  the  word  "  Protestant  "  be  substituted  in  [the] 
first  declaration.  Whereupon,  a  debate  arose  upon  the  propri- 
ety of  objecting  to  any  thing  in  the  report  but  the  arrangement, 
which  was  superseded  by  the  order  of  the  day  being  called  for, 
at  10  o'clock,  when  the  Convention,  on  a  motion,  made  and  sec- 
onded, resolved  themselves  into  a  Committee  of  the  whole 
House,  for  the  further  consideration  of  the  subject  of  Repre- 
sentation at  large. 

The  Rev.  Mr.  Lathrop  was  introduced,  and  prayed  with  the 
Convention. 

Half-past  one. 

The  Committee  aforesaid  then  reported,  that  they  had  entered 
into  the  consideration  of  the  subject  assigned  them,  but  that, 
for  want  of  sufficient  time,  they  had  not  been  able  to  complete 
it,  and  desire  leave  to  sit  again  for  that  purpose.  Whereupon, 
it  was  moved,  and  seconded,  that  at  3  o'clock  this  afternoon,  the 
Convention  go  into  a  Committee  of  the  whole,  for  the  further 
consideration  of  the  subject  of  Representation,  which,  being 
put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  ad- 


120 

journ  to  3  o'clock  this  afternoon.     Which,  being  put,  passed 
in  the  affirmative. 

The  Convention  w^as  adjourned  accordingly. 

Three  o'clock,  P.  M,     Met  according  to  adjournment. 

The  Convention  went  into  a  Committee  of  the  whole  House, 
for  the  further  discussion  of  the  subject  of  Representation. 

Nine  o'clock. 

The  Committee  reported,  that  [they]  had  entered  into  the 
consideration  of  the  subject  assigned  them,  but  that,  not  having 
time  to  complete  it,  they  desire  leave  to  sit  again.  Whereupon, 
moved,  and  seconded,  that  to-morrow  morning,  [at]  10  o'clock, 
the  Convention  resolve  themselves  into  a  Committee  of  the 
whole,  for  the  further  consideration  of  the  subject  of  Represen- 
tation.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
now  adjourned. 

The  same,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  to-morrow 
morning,  9  o'clock. 


9  o'clock,  Friday  Morning,  *19th. 

Met  according  to  adjournment. 

It  was  moved,  and  seconded,  that  the  Convention  go  into  the 
consideration  of  the  expediency  of  vesting  a  power  in  the  Sen- 
ate to  try  impeachments,  which  may  be  made  by  other  persons 
besides  the  House  of  Representatives. 

The  8th  article,  2d  section,  2d  chapter,  was  then  read. 
Whereupon,  a  motion  was  made  and  seconded,  that  the  words 
"  or  other  persons,"  be  inserted  after  the  word  "  Representa- 
tives."    Which,  being  put,  passed  in  the  affirmative. 

The  4th  article,  3d  section,  2d  chapter,  in  the  Constitution, 

*  Should  be  18th. 


121 

being  read,  it  was  moved,  and  seconded,  that  the  word  "  male" 
be  expunged  ;  the  same  was  accordingly  debated. 

The  Rev.  Mr.  Stillman  was  then  introduced,  and  prayed 
with  the  Convention, 

It  was  then  moved,  and  seconded,  that  the  consideration  of 
this  article  subside  until  the  Committee  for  ascertaining  who 
are  subjects  of  the  Commonwealth  shall  report.  Which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words,  "  under 
the  direction,"  be  added  in  the  8th  article,  3d  chapter,  imme- 
diately after  the  words  "  or  other  persons."  Which,  on  a  mo- 
tion, made  and  seconded,  for  the  order  of  the  day,  subsided, 
and  the  Convention 

Voted,  to  resolve  themselves  into  a  Committee  of  the  whole, 
for  the  further  consideration  of  the  subject  of  Representation, 
and  went  into  a  Committee  accordingly. 

Half-past  one. 

The  Committee  reported,  that  they  had  attended  the  service 
assigned  them,  and  had  entered  into  the  consideration  of  the 
subject  of  Representation,  but  that  not  having  time  to  complete 
it,  they  desired  leave  to  sit  again.  Whereupon,  on  a  motion, 
made  and  seconded, 

Voted,  That  the  Convention,  at  three  o'clock  this  afternoon, 
will  resolve  themselves  into  a  Committee  of  the  whole,  for  the 
further  consideration  of  the  subject  of  Representation. 

A  motion  was  then  made  and  seconded,  that  the  Convention 
be  now  adjourned.  Which,  being  put,  passed  in  the  affirma- 
tive. 

And  the  Convention  was  adjourned  accordingly. 

Friday  P.  M.,  Three  o'clock. 

Met  according  to  adjournment. 

The  order  of  the  day  being  called,  on  a  motion,  made  and 
seconded,  the   Convention 

Voted,  to  resolve  themselves  into  a  Committee  of  the  whole 
House,  in  order  to  the  further  discussion  of  the  subject  of  Rep- 


122 

resentation,    and  the  Convention  went    into  a  Committee  of 
the  whole,  for  that  purpose. 

JVine  o^docJc. 

The  Committee  aforesaid  reported,  that  they  had  agreed  to 
accept  the  1st  paragraph  of  the  2d  article,  3d  section  of  the 
2d  chapter,  of  the  Report  of  the  General  Committee,  with  cer- 
tain additions  and  amendments,  which  the  Chairman  read  in  his 
place.  Whereupon,  moved,  and  seconded,  that  the  same  be  ac- 
cepted ;  when  a  previous  question  was  moved,  and  seconded, 
that  it  be  referred  until  the  morning  for  consideration. 
Which,  being  put,  passed  in  the  negative. 

The  report  of  the  Committee  aforesaid,  with  the  additions, 
[was]  then  put  and  accepted,  52  in  67,  and  is  as  follows,  viz  : 
The  1st  paragraph,  2d  article,  3d  section,  2d  chapter,  as  far  as 
the  words  "  additional  Representative,"  and  the  words  here 
subjoined,  viz  :  "  provided  nevertheless,  that  each  town,  now 
incorporated,  not  having  150  rateable  polls,  may  elect  one  Rep- 
resentative, but  no  place  shall  hereafter  be  incorporated  with 
the  privilege  of  electing  a  Representative,  unless  there  are 
within  the  same  one  hundred  and  fifty  rateable  polls.  And  the 
House  of  Representatives  shall  have  power,  from  time  to  time, 
to  impose  fines  upon  such  towns  as  shall  neglect  to  choose  and 
return  members  to  the  same,  agreeably  to  this  Constitution." 

It  was,  on  a  motion,  made  and  seconded, 

looted,  That  a  Committee  be  appointed  to  take  into  conside- 
ration and  report  a  mode  of  paying  the  members  of  the  House 
of  Assembly,  and  that  the  Committee  consist  of  three. 

A  nomination  being  called  for. 

The  Rev.  Mr.  Chaplin, 
The  Rev.  Mr.  Fisk,  and 
The  Hon.  Mr.  Adams,  were  appointed. 

A  motion  was  then  made,  and  seconded,  that  the  Convention 
be  adjourned  to  to-morrow  morning,  9  o'clock.  Which,  being 
put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned. 


1 


123 


9  o'clock,  Saturday  Morning,  20tli*  Feb. 

Met  according  to  adjournment. 

The  Committee,  appointed  last  evening,  to  consider  and  re- 
port a   mode  of  paying  the  members  of  the  General  Court,  re- 
ported that  the  following  clause   be   inserted  immediately  after    . 
the  words  "  agreeably  to  the  Constitution,"  viz  :    And   that  the  \      . 
cost  of  Government  may  be   upon   like   principles  of  equality, 
the  House  of  Representatives  shall  be  paid   for   travel   and   at- 
tendance out  of  the  public  Treasury,   always   provided,   that  if 
any  member  depart  from  the   business  of  the  General  Court,     M 
without   leave  of  the  House,  he  shall   not  be  entitled  to  such     ^^ 
pay  from  the  public  Treasury. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  said  report  be  taken  up  and  considered  at 
11  o'clock. 

The  Convention  then  entered  upon  the  consideration  of  the 
subject  of  Representation,  when  the  od  paragraph  of  the  3d 
section,  included  in  the  25th  page,  being  read  ;  a  motion  was 
then  made,  and  seconded,  that  the  same  be  expunged* 
Which,  being  put,  passed  in  the  affirmative. 

The  last  paragraph,  from  the  words  "  the  freeholders,"  to  the 
end,  being  read,  it  was  moved,  and  seconded,  that  the  same  be 
expunged.     Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  bring  in  a  clause,  making  provision  for  the  priv- 
ilege of  unincorporated  towns  or  plantations  sending  Rep- 
resentatives to  the  General  Assembly,  which  motion  was  after- 
wards altered,  and  being  put  in  the  following  terms,  viz :  "  that 
a  Committee  be  appointed  to  consider  of  the  practicability  and 
expediency  of  the  unincorporated  towns  and  plantations,  whose 
rateable  polls  are  less  than  one  hundred  and  fifty  and  are  as- 
sessed for  government  taxes,  being  admitted  to  send  Represen- 
tatives to  the  General  Assembly,"  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,,  That  the  Committee  consist  of  three. 

*  19th? 


124 

A  nomination  being  called  for,  the  following  gentlemen,  viz : 
Col.  Mitchell, 
Mr.  Nichols,  and 
Mr.  Henshaw,  were  appointed. 

The  order  of  the  day  was  then  taken  up,  and  considered, 
viz  :  The  Report  of  the  Committee  on  the  payment  of  the  travel 
and  attendance  of  the  members  of  the  General  Court  out  of 
the  public  Treasury.  Which,  being  debated,  it  was  moved, 
and  seconded,  that  the  question  be  divided,  and  the  travel  of 
the  members  be  first  considered.  Which^  being  put,  passed  in 
the  affirmative.  Whereupon,  a  motion  was  made  and  seconded, 
that  the  word  "  attendance,"  be  for  the  present  expunged. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  provided 
also,  that  he  attend  the  business  of  the  General  Assembly  one 
half  the  session  at  least,"  be  added,  which  was  superseded  by 
a  new  draught  being  moved,  and  seconded,  which,  after  the  in- 
sertion of  the  words  "  by  the  Government,"  was  accepted,  viz  : 
"  The  expenses  of  travelling  to  the  General  Assembly,  and  re- 
turning home,  once  in  every  session,  and  no  more,  shall  be  paid 
by  the  Government  out  of  the  public  Treasury,  to  every  mem- 
ber who  shall  attend  as  seasonably  as  he  can  in  the  judgment 
t)f  the  House,  and  does  not  depart  without  leave." 

It  was  then  moved,  and  seconded,  that  the  words  "  and  their 
tittendance  in  the  same,"  be  restored.  Which,  being  put, 
passed  in  the  negative,  20  in  80. 

It  was  moved,  and  seconded,  that  the  same  Committee  to 
whom  the  subject  of  the  appointment  of  Militia  officers  [was 
referred,]  have  authority  to  consider  of  the  appointment  of  the 
Military  officers  also  in  the  pay  of  the  State-  Which,  being 
put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  an  addition  of  one  be 
made  to  the  Committee.  Which,  being  put,  passed  in  the  affir- 
mative. 

A  nomination  being  called  for,  the  Hon.  Gen.  Hancock  was 
added  to  the  Committee. 

It  was  then  moved,  and  seconded,  that  3  o'clock,  Monday 
afternoon,  be  assigned  for  the  consideration  of  the  Governor's 
negative  upon  the  laws.  Which,  being  put,  passed  in  the  affir- 
mative. 


126 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned  to  Monday  morning,  9  o'clock.  Which,  being  put, 
passed   in  the  affirmative. 

And  the  Convention  was  adjourned  accordingly. 


Monday  A.  M.  9  o'clock,  21  Feb.  1780. 

Met  according  to  adjournment. 

When  the  Rev.  Mr.  Stillman  was  introduced,  and  prayed 
with  the  Convention. 

The  2d  paragraph,  3d  article,  2d  section,  2d  chapter,  was 
read,  and  debated.  When  it  was  moved,  and  seconded,  that 
the  word  "  Protestant"  be  introduced  into  the  article  in  addition 
to  the   word  "  Christian." 

It  was  also  moved,  and  seconded,  that  the  words  "  he  shall 

declare  himself  to  be,"  precede  the  words  "  of  the  Christian 
religion." 

It  was  also  moved,  and  seconded,  that  the  paragraph  be  ex- 
punged.    Which,  being  put,  passed   in  the  negative. 

It  was  then  m.oved,  and  seconded,  that  the  last  vote  be  re- 
considered.    Which,  being  put,  passed  in  the  affirmative. 

[t  was  then  moved,  and  seconded,  that  the  paragraph  be  ex- 
punged.    Which,  being  put,  passed  in  the  affirmative,  50  in  75. 

The  Committee  appointed  to  bring  in  a  new  draught  of  the 
second  article,  2d  section,  3d  chapter,  and  also  a  clause  de- 
claring and  determining  who  are  or  shall  be  subjects  of  this 
Commonwealth,  made  report  of  the  same ;  which  was  read,  and 
ordered  to  be  laid  on  the  table  for  consideration.      A. 

The  Committee  on  the  appointment  of  the  Militia,  and  also 
on  the  subject  of  other  military  officers,  made  report ;  which 
was   read,  and  ordered   to  lie  on   the  table   for  consideration. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned. 

It  was  moved,  and  seconded,  that  the  words  "  as  professed  by 
Protestants"  be  introduced  in  the  oath  to  be  taken  by  the  Gov- 

17 


126 

efnor,  &c.     Which  was  superseded,  by  the  question  of  adjourn- 
ment being  put,  and  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  3  o'clock  P.  M. 

Monday  P.  M.  3  o^clock. 

Met  according  to  adjournment. 

The  order  of  the  day  being  called  for,  the  last  paragraph, 
1st  article,  1st  section,  2d  chapter  was  read,  (page  16)  and  de- 
bated, viz.  And  the  First  Magistrate  shall  have  a  negative  upon 
all  the  laws,  that  he  may  have  power  to  preserve  the  Indepen- 
dence of  the  Executive  and  Judicial  Departments.  Which, 
being  largely  debated,  it  was  moved,  and  seconded,  that  the 
words  ''  with  advice  and  consent  of  Council,"  be  added  im- 
mediately after  the  word  ''  Magistrate."  Which,  being  put, 
passed  in  the  affirmative,  39  in  72. 

The  question  then  before  the  Convention  for  debate  being  as 
follows  "  That  the  Supreme  Magistrate,  with  the  advice  and 
consent  of  the  Council,  shall  have  a  negative  upon  all  the  laws, 
that  he  may  have  power  to  preserve  the  independence  of  the 
Executive  and  Judicial  departments." 

It  was  then  moved,  and  seconded,  that  the  last  amendment 
be  reconsidered.     Withdrawn  for  the  present. 

It  was  moved,  and  seconded,  that  the  Governor  have  a  neg- 
ative on  all  laws,  acts  and  resolves  of  the  General  Court. 

It  was  moved,  and  seconded,  that  the  Governor,  in  the  exer- 
cise of  his  negative  on  laws,  he  shall  have  the  advice  and  con- 
sent of  Council. 

It  was  then  moved,  and  seconded,  that  the  amendment  last 
voted  be  reconsidered.  Which,  being  put,  passed  in  the  affir- 
mative, by  40  in  71. 

The  paragraph  first  read,  from  the  report  of  the  General  Com- 
mittee, viz :  "  That  the  First  Magistrate  shall  have  a  negative 
upon  all  laws  that  he  may  have  power  to  preserve  the  indepen- 
dence of  the  Executive  and  Judicial  Departmentsj"  on  a  motion, 
made  and  seconded,  was  then  put,  and  passed  in  the  negative, 
32  in  76. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad-^ 
journed.  Which,  being  put,  passed  in  the  affirmative. 


127 

The  Convention  was  accordingly  adjourned  to  9  o'clock,  to- 
morrow morning. 


Tuesday  Morning,  23d*  Feb. 

Met  according  to  adjournment. 

The  Rev.  Mr.  Parker  was  introduced,  and  prayed  with  the 
Convention. 

The  Report  of  the  Committee  on  the  Militia  and  Military 
Officers  was  read,  and  considered  in  paragraphs.     C. 

The  preamble  as  far  as  the  words  "  in  the  following  manner," 
was  then  read,  and  debated,  and  being  put,  was  accepted. 

When  the  Committee  for  making  provision  for  the  represen- 
tation of  unincorporated  plantations  made  report;  when  the 
same  was  ordered  to  lay  on  the  table.     B. 

The  1st  paragraph,  "as  far  as  21  years  and  upwards,"  was 
read,  and  debated,  when  a  motion  was  made  and  seconded,  tliat 
the  preamble  be  reconsidered  ;  the  same  being  again  read,  the 
question  was  put,  and  passed  in  the  affirmative,  45  in  66. 

It  was  then  moved,  and  seconded,  that  the  preamble  be  ex- 
punged.    Which,  being  put,  passed  in  the  affirmative. 

The  1st  paragraph  was  then  read  again  and  debated  ;  when 
the  same  was  accepted. 

The  2d  as  far  as  the  "  respective  regiments,"  was  read  ;  when 
the  same  was  accepted. 

The  3d  paragraph  as  far  as  "Brigades,"  was  read,  and  deba- 
ted, when  it  was  moved,  and  seconded,  that  Brigadiers  Gen- 
eral be  appointed  by  the  Governor  and  Council.  Which,  being 
put,  passed  in  the  negative. 

The  paragraph  aforesaid  was  then  put,  and  accepted. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  consider  and  report  some  mode  to  be  established  by 
the  Constitution  for  revision  of  laws  by  the  Governor  and 
Council.     Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Committee  con- 
sist of  five.     Which,  being  put,  passed  in  the  affirmative. 

*22d? 


128 

A  nomination  being  called  for,  the  following  gentlemen,  viz. 
Ellis  Gray,  Esq. 
Rev.  Mr.  Clark, 
Theo.  Parsons,   Esq. 
Gen,  Danielson,  and 
Mr.  Spooner,  were  appointed. 

The  4th  paragraph  was  then  read  as  far  as  "  rank,"  and  ac- 
cepted. 

Mr.  Parsons,  desiring  to  be  excused  from  serving  on  the 
above  Committee.     On  a  motion,  made  and  seconded,  it  was 

Voted,  to  excuse  him,  and  appoint  another  gentleman  in  his 
room. 

A  nomination  being  called  for,  the  Hon.  Judge  Lincoln  was 
appointed. 

The  5th  paragraph  as  far  as  "  Governor,"  was  read,  and  de- 
bated, when  it  was  moved,  and  seconded,  that  the  following 
clause  be  added,  viz  :  "  and  also  in  what  manner  vacancies  in 
the  several  brigades,  regiments  and  companies  shall  be  sup- 
plied."    Which,  being  put,  passed  in  the  affirmative. 

The  vote  being  scrupled,  and  the  paragraph  with  the  amend- 
ment open  to  debate,  it  was  moved,  and  seconded,  that  the  fol- 
lowing clause  be  substituted  in  lieu  of  the  paragraph  and 
amendment,  viz  : 

That  the  Legislature,  by  standing  laws,  shall  direct  the  time 
and  manner  of  convening  the  electors,  of  collecting  their  votes, 
and  of  certifying  the  officers  elected  to  the  Governor.  Which, 
being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Hon.  Brigadier 
General  Danielson  be  desired  to  consider,  and  report  at  the 
adjournment,  the  expediency  of  a  mode  in  which  the  severaj 
limits  of  Brigades,  Regiments  and  Companies  shall  be  deter- 
mined.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed.    Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  3  o'clock,  P,  M. 

Tuesday  P.  M.  22d, 
Met  according  to  adjournment. 

The  6th  paragraph  of  the  report  under  consideration  in  the 
morning  was  read    as  far  as  "  by  the  Governor,"  and  accepted- 


129 


The  7th  as  far  as  "  by  advice  of  Council "  was  read,  and  on 
debate,  it  was  moved,  and  seconded,  that  the  further  considera- 
tion of  this  paragraph  subside  for  the  present.  Which,  being 
put,  passed  in  the  affirmative. 

The  Rev.  Mr.  Lewis  was  introduced,  and  prayed  with  the 
Convention. 

The  8th  paragraph,  as  far  as  "  Court  Martial,"  [being  read,] 
moved,  and  seconded,  that  the  words  "  pursuant  to  the  laws  of 
the  Commonwealth,  for  the  time  being,"  be  added  after  the 
words  Court  Martial.  Which,  being  put,  passed  in  the  affirma- 
tive. 

The  paragraph  was  then  put,  and  accepted. 

The  9th  as  far  as  "  non-commissioned  officers,"  being  read,  it 
was  moved,  and  seconded,  that  the  same  be  expunged.  Which, 
being  put,  passed ^in  the  affirmative. 

The  10th  as  far  as,  "  Quarter  Masters,"  being  read,  it  was 
moved,  and  seconded,  to  insert  the  words  "during  pleasure." 
Which,  being  withdrawn,  the  paragraph  was  put,  and  accepted. 

The  11th  as  far  as  "Aids,"  was  then  read,  and   accepted. 

The  12th  as  far  as  "  Adjutant  General,"  was  read,  and  ac-. 
cepted. 

The  13th  and  last  was  read,  when  it  was  moved,  and  seconds 
ed,  that  the  words  "  and  all  military  officers  of  this  Common- 
wealth other  than  militia  officers"  be  added.  Which,  being 
put,  passed  in  the  negative. 

The  paragraph  being  put,  was  accepted. 

The  7th  paragraph  was  then  resumed,  and  considered,  when 
it  was  moved,  and  seconded,  that  the  paragraph  be  committed  ; 
when  it  was  moved,  and  seconded,  that  previous  to  the  commit- 
ment of  this  paragraph.  Brig.  General  Danielson  be  called  upon 
to  make  report  of  the  subject  committed  to  him.  Whereupon, 
the  Hon.  gentleman  aforesaid  reported  as  follows,  viz: 

That  the  divisions  of  the  militia  into  Brigades,  Regiments, 
and  Companies,  made  according  to  the  Militia  Law  now  in  force, 
shall  be  considered  as  the  proper  divisions  of  the  Militia  of  this 
Commonwealth,  unless  the  Legislature  thereof,  by  some  future 
law,  shall  alter  the  same. 

On  a  motion,  made  and  seconded. 

Voted,  That  the   words  "  until  the   same  shall  be  altered  in 


130 

pursuance  of  some   future  law,"  be  substituted,  in  lieu  of  the 
words  "  unless  "  to  the  end. 

Also,  that  the  words  "  in  pursuance  of  the  militia  law  "  [be 
substituted]  in  lieu  of  the  words  "  according  to  the  militia 
law." 

It  was  then  moved,  and  seconded,  that  the  report  be  recom- 
mitted, in  order  to  bring  the  same  into  an  article  and  make 
proTision  for  the  choice  and  appointment  of  officers  not  of  the 
militia.     Which  being  put,  passed  in  the^affirmative. 

The  Hon.  Judge  Sullivan  desiring  to  be  excused ; 

On  a  motion,  made  and  seconded,  it  was 

Voted,  to  excuse  that  gentleman  and  appoint  another  in  his 
room. 

A  nomination  being  called  for,  Mr.  Cabot  was  appointed. 

Mr.  Cabot  being  on  his  desire  excused,  and  a  nomination  be- 
ing called  for, 

The  Hon.  General  Danielson  was  appointed. 

G.  The  Committee  on  the  10th  article,  1st  section,  3d  chap- 
ter, reported  verbally,  that  Sheriffs  and  Coroners  be  appointed 
by  the  Governor  with  advice  and  consent  of  Council. 

A  motion  was  then  made  and  seconded,  that  the  report  of 
the  Committee  be  accepted.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  prepare  an  Address  to  the  People  upon  the  Frame  of 
Government  or  Constitution,  which  the  Convention  shall 'agree 
upon.     Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist^of  five. 

A  nomination  being  called  for,  the  following  gentlemen,  viz : 

The  Hon.  Judge  Sullivan, 

The  Hon.  Mr.  Adams, 

Mr.  Lowell, 

Rev.  Mr.  West, 

Mr.  Gray,  were  appointed. 

The  Report  of  the  Committee  on  the  2d  article,  2d  section,  3d 
chapter,  was  taken  up,  and  considered  in  paragraphs,  as  a  sub- 
stitute for  said  article. 


131 

The  report  as  follows  :  "  The  Governor,  and  in  his  absence 
the  Lieut.  Governor,  shall  be  President  of  the  Council,  and 
where  the  Council  are  equally  divided,  shall  have  the  casting 
vote. 

The  Lieut.  Governor  shall  always  be  ex-officio  a  member  of 
the  Council,  except  when  the  Chair  of  the  Governor  shall  be 
vacant." 

The  1st  paragraph,  as  far  as  "vote,"  being  read,  and  deba- 
ted, a  motion  was  made  and  seconded,  that  the  following  words 
be  inserted,  viz  :  "  but  shall  have  no  vote  in  Council,"  in  lieu 
of  the  words  "  and  where,"  &c.  to  the  end  of  the  first  para- 
graph.    Which,  being  put,  passed  in  the  affirmative. 

The  paragraph  was  then  read,  with  the  amendments,  and  ac^ 
cepted. 

The  2d  paragraph  being  read,  on  a  motion,  made  and  secon- 
ded, 

Voted,  That  the  words  "  ex-officio,"  be  expunged. 

The  paragraph,  as  amended,  was  then  put,  and  accepted. 

The  whole  report  was  then  put,  and  accepted. 

The  Convention  took  up  the  report  of  the  Committee  ap-- 
pointed  to  consider  of  and  report  an  article,  declaring  who  are 
or  may  be  subjects  of  the  Commonwealth,  when  the  same  be-' 
ing  read,  it  was  moved,  and  seconded,  that  the  present  report 
lie  on  the  table,  for  further  consideration.  Which,  being  put^ 
passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Fb^ec?,  That  the  consideration  of  the  aforegoing  report  b^ 
resumed.  When  the  same  was  resumed  accordingly.  When, 
after  debate,  it  was  moved,  and  seconded,  that  the  report  be 
recommitted.     Which,  being  put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  an  addition  of  two  be  made 
to  the  Committee  for  the  Address  to  the  People.  Which,  be- 
ing put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  :         Col.  Thomson,  and 
Mr.  Parsons. 

The  report  of  the  Committee  on  Oaths  and  Affirmations  was 
then  taken  in  consideration,  and  debated,  when  it  was  moved, 
and  seconded,  that  the  said  report  be  substituted  in  lieu  of  the 


132 

8th  article,  3d  section,  3d  chapter.  Which,  being  put,  passed 
in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  word  "  Protes- 
tant," be  inserted  immediately  after  the  '"^ord  "  Christian,"  in 
the  said  article.  Which,  being  put,  passed  in  the  negative,  26 
out  [of]  60. 

A  motion  was  then  made,  and  seconded,  that  the  Convention 
be  adjourned  to  to-morrow  morning.  Which,  being  put,  passed 
in  the  affirmative. 

The  Convention  was  accordingly  [adjourned]  to  9  o'clock, 
to-morrow  morning 


Wednesday  Morning,  23  Feb. 


Met  according  to  adjournment. 

The  Rev.  Mr.  Eliot  was  introduced,  and  prayed  with  the 
Convention. 

The  Committee  on  revision  of  laws,  made  report  as  follows  : 
that  the  following  clause  or  paragraph  be  substituted  in  lieu  of 
the  3d  paragraph,  2d  article,  1st  section,  2d  chapter.  D.  When 
it  was  moved,  and  seconded,  that  the  report  be  amended  by  in- 
troducing the  following  words,  viz  :  "  That  the  Governor  of 
this  Commonwealth  have  a  negative  upon  all  the  laws,  except 
those  which  shall  be  made  and  passed  for  the  military  defence 
of  the  State,  and  that  he  have  a  revision  on  those,  to  be  con- 
ducted by  the  rules  hereaffter  prescribed."  Which  being  largely 
debated,  when,  on  a  motion,  made  and  seconded, 

Voted,  That  the  Convention  be  adjourned  to  this  afternoon, 
3  o'clock. 

Three  o^clock,  P.  M.     Met  according  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  motion 
debated  in  the  morning,  when  the  question  being  put  upon  the 
amendment  proposed,  the  same  was  determined  in  the  nega- 
tive, twenty  in  seventy-three — 20  in  73. 

The  report  upon  the  revision  of  the  laws,  without  the  amend- 
ment, was  then  read,  and  on  a  motion,  made  and  seconded,  it 
was 


133 

Voted,  to  take  the  same  up  in  paragraphs. 
The  1st  paragraph,  as  far  as   "shall  return,"   [being  read,]  it 
was  moved,  and  seconded,  the  following   words   be   substituted 
in  lieu  of  the  same    (after  expunging  the  word  "  act,"  which 
was  on  a  motion,  rimde  and  seconded. 

Voted,  as  also  the  insertion  of  the  words "  or  resolves," 
"  or  of  force,"  in  different  parts  thereof,)  viz  : 

"  No  bill  or  resolve  of  the  Senate  or  House  of  Representa- 
tives, shall  become  law  and  have  force,  until  it  shall  have  been 
laid  before  the  Governor  for  his  revisal,  and  if  he,  upon  such 
revision,  shall  have  any  objection  to  the  passing  of  such  bill  or 
resolve,  he  shall  return  the  same."  Which,  being  put,  passed 
in  the  affirmative,  and  was  accordingly  accepted. 

The  2d,  as  far  as  resolve,  was  then  read,  and  accepted,  26  in 
65.* 

The  3d,  and  last,  being  read,  and  debated,  as  far  as  "  law." 
It  was  moved,  and  seconded,  to  expunge  the  words  "  two 
thirds."     Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  to  insert  the  words  "being 
equal  in  numbers  to  those  present  at  the  passing  thereof,"  im- 
mediately after  the  word  "  present." 

This  motion  was  superseded  by  a  motion  made,  and  secon- 
ded, for  the  paragraph.  Which,  being  put,  was  accepted,  35 
in  65. 

The  last  paragraph  was  then  read. 

It  was  moved,  and  seconded,  that  the  word  "  may,"  be  sub- 
stituted in  lieu  of  the  word  "  shall."  Which,  being  put,  passed 
in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  same  be  expunged. 
Which,  being  put,  passed  in  the  affirmative,  25  in  49. 

The  whole  report  was  then  read ;  when  it  was  moved,  and 
seconded,  that  the  whole  report  be  expunged  or  rejected,  which 
was  superseded  by  a  motion,  made  and  seconded,  that  the  re- 
port, as  amended,  be  accepted.  Which,  being  put,  passed  in 
the  affirmative,  by  44  in  68. 

The  report  (B.)  of  the  Committee,  on  the  mode  to  be  adopt- 
ed  for  the  representation  of  unincorporated  plantations,  as  a 

*  Que? 
18 


134 

part  of  the  2d  article,  3d  section,  2d  chapter,  was  then  taken 
up,  and  considered  ;  when  the  same  was  put,  and  passed  in  the 
negative. 

The  report  of  the  Committee,  on  the  appointment  of  officers 
in  the  militia,  was  then  taken  up,  and  considered. 

On  a  motion,  made  and  seconded. 

Voted,  to  transpose  the  words  "  officers  elected,"  in  the  fifth 
paragraph. 

It  was  also  further  reported  on,  verbally,  that  they  are  of 
opinion,  that  no  provision  is  necessary  to  be  made  in  the  Con- 
stitution for  the  appointment  of  officers  not  of  the  militia. 

This  part  of  the  report  being  put,  was  accepted. 

The  report  being  read,  it  was  moved,  and  seconded,  that  the 
following  words  or  clause,  be  substituted  in  lieu  of  the  seventh 
paragraph  :  "  And  if  the  electors  of  Brigadiers,  Field  Officers, 
Captains  or  Subalterns,  shall  neglect  or  refuse  to  make  such 
elections,  after  being  duly  notified,  according  to  the  laws  for 
the  time  being,  then  the  Governor,  with  advice  of  Council, 
shall  appoint  suitable  persons  to  fill  such  offices."  Which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  report,  with  the 
amendments,  be  accepted  and  substituted  in  lieu  of  the  lUh  ar- 
ticle, 1st  section,  3d  chapter.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  that  a  time  be  assigned  for 
the  further  consideration  of  the  expediency  of  excluding  cer- 
tain persons  from  a  seat  in  either  House  of  the  Legislature. 
Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  to-morrow  afternoon  be  assigned  for  that  busi- 
ness. 

It  was  moved,  and  seconded,  that  a  Committee  be  appointed 
to  consider  of  the  expediency  of  bringing  into  the  Constitution 
a  clause,  making  provision  for  a  future  revision  of  the  same 
by  the  People  of  this  Commonwealth.  Which,  being  put,  pass- 
ed in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Committee  consist 
of  three . 
A  nomination  being  called  for, 
Doctor  Jarvis, 


136 

The  Hon.  Mr.  Adams,  and 
The  Hon.  Mr.  Spooner,  were  appointed. 
It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  consider  and  report  a  suitable  time  and  place    to 
which  this  Convention  shall  adjourn,  when  it  shall  adjourn  for  a 
recess,  in  order  to  obtaining  and  acting  upon  the  sense  of  its 
constituents  upon  such  a  Constitution  or  Frame  of  Government 
as  may  be  agreed  upon,  and  sent  out  to  them  for  their  revision, 
and  also  to  what  extent  and  effect  it  may  act  upon  the  same 
when  obtained.     Which,  being  put,  passed  in  the  affirmative. 
On  a  motion,  made  and  seconded. 
Voted,  That  the  Committee  consist  of  five. 
A  nomination  being  called  for,  the  following  gentlemen,  viz. 
The  Hon.  Mr.  Paine, 
Brig.  General  Danielson, 
Rev.  Mr.  Cummings, 
Rev.  Mr.  West, 

The  Hon.  Judge  Sullivan,  were  appointed. 
It  was  then  moved,  and  seconded,  that  the  Convention  be 
now  adjourned  [to]  to-morrow  morning,  9  o'clock.  Which,  being 
put,  and  passed  in  the  affirmative. 

The  Convention  was  adjourned  accordingly 


Thursday  Morning,  24th  Feb.  1780. 

Met  according  to  adjournment. 

It  was  moved,  and  seconded,  that  the  words  "  rateable  polls," 
in  all  parts  of  the  Constitution  where  the  same  shall  occur,  be 
expunged,  and  the  words  "  male  inhabitants  being  sixteen  years 
of  age  and  upwards  paying  taxes,"  be  substituted  in  lieu  thereof. 

It  was  then  moved,  and  seconded,  that  the  motion  be  amend- 
ed by  inserting  the  words  "twenty  one,"  instead  of  "  sixteen." 

The  Rev.  Mr.  Eeles  was  introduced,  and  prayed  with  the 
Convention. 

The  above  motion  of  amendment  was  then  put,  and  passed  in 
the  negative.  The  first  motion  was  then  put,  and  passed  in  the 
negative. 

It  was  moved,  and  seconded,  that  the  last  clause  in  the  3d  ar- 


136 

tide,  2d  section,  2d  chapter,  be  expunged.     Which,  being  put, 
passed  in  the  negative. 

The  3d  article,  2d  section,  2d  chapter,  was  then  read,  and  ac- 
cepted. 

The  8th  ditto  was  then  read ;  it  was  moved,  and  seconded, 
that  the  same  be  accepted.  Which,  being  debated,  it  was 
moved,  and  seconded,  that  the  words  "  or  other  persons,"  be  ex- 
punged.    Which,  being  put,  passed  in  the  affirmative,  33  in  57. 

The  article  was  then  put,  as  in  the  printed  report,  and  accept- 
ed. 

The  4th  article,  3d  section,  2d  chapter,  was  read,  when,  on  a 
motion,  made  and  seconded,  it  was 

Voted,  That  the  words  "  or  for  the  towns  united  as  aforesaid," 
be  expunged. 

It  was  moved,  and  seconded,  that  the  words  "  having  a  free- 
hold estate  within  the  same  town,  of  the  annual  income  of 
three  pounds,  or  other  estate,  real  or  personal,  or  mixt,  of  the 
value  of  sixty  pounds,"  be  expunged.  When  the  same  was 
put,  [and]  passed  in  negative,  27  in  64. 

It  was  moved,  and  seconded,  that  the  word  ^'  male,"  be  ex- 
punged.    Which,  being  put,  passed  in  the  negative. 

The  article  being  then  put,  the  same  was  accepted. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned.     Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  3  o'clock, 
P.M. 

Three  o'clock,  P.  M.     Met  according  to  adjournment. 

The  Secretary  being  absent,  William  Thomson,  Esq.  was 
appointed  to  officiate  as  Secretary  pro  tempore. 

The  order  of  the  day  being  called  for,  on  a  motion,  made 
and  seconded, 

Voted,  That  the  same  be  postponed  until  5  o'clock. 

The  9th  article,  3d  section,  2d  chapter,  (page  27,)  was  read, 
when  a  motion  was  made,  and  seconded,  to  enlarge  the  num- 
ber which  shall  constitute  a  quorum  ;  which,  after  debate,  was 
superseded  by  the  article  being  put,  and  accepted,  by  42  in  51. 

The  5th  article,  1st  section.  3d  chapter,  (31  page)  being  then 
read,  it  was,  on  a  motion,  made  and  seconded, 


137 

Voted,  to  substitute  the  words  "  agreeably  to  the  Constitution 
and  the  laws  of  the  land,"  in  lieu  of  the  words  "  according  to 
law." 

The  article,  as  amended,  was  then  put,  and  accepted. 

The  6th  article  in  the  same,  as  heretofore  amended,  with  the 
restoration  of  the  words  "  the  Governor  with  advice  and  con- 
sent of  Council,"  was  then  read,  put,  and  accepted. 

It  was  then  moved,  and  seconded,  that  this  article  be  com- 
mitted, for  the  addition  of  a  clause  making  provision  for  the 
adjournment  of  the  General  Assembly,  in  some  cases  not  al- 
ready provided  for.  Which,  being  put,  passed  in  the  affirma- 
tive. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for,  the  following  gentlemen,  viz  : 
The  Hon.  Mr.  Adams, 
Rev.  Mr.  Thatcher,  and 
Increase  Sumner,  Esq.  were  appointed. 

Five  o^clock. 

The  order  of  the  day  was  then  called  for,  when  the  Conven- 
tion resumed  the  consideration  of  the  exclusion  of  certain  offi- 
cers of  Government,  who  had  been,  and  whom  it  may  be 
deemed  proper  and  necessary  to  be  excluded  from  a  seat  in  the 
two  Houses  of  the  Legislature. 

The  list  of  those  who  had  been  excluded  by  former  votes  of 
the  Convention,  being  read,  it  was  moved,  and  seconded,  that 
the  vote  for  excluding  the  Judges  of  the  Inferior  Court  of  Com- 
mon Pleas  from  a  seat  in  either  House  of  the  Legislature,  be 
reconsidered.  Which,  being  debated,  the  same  was  put,  and 
passed  in  the  negative,  29  in  59. 

The  vote  being  scrupled,  the  question  was  again  put,  and 
passed  in  the  affirmative,  33  in  63. 

It  was  then  moved,  and  seconded,  that  the  vote  for  excluding 
the  Judges  of  the  Maritime  Courts  be  reconsidered. 

A  motion  was  then  made,  and  seconded,  that  the  last  vote  be 
made  certain,  which,  being  withdrawn,  the  question  for  recon- 
sidering the  vote  for  excluding  the  Judges  of  the  Maritime 
Courts  from  a  seat  in  either  House  of  the  Assembly,  or  Gene- 


138 

ral  Court,  was  resumed,  when  the  same,  being  put,  passed  in 
the  affirmative,  33  in  61. 

It  was  then  moved,  and  seconded,  that  the  vote  for  excluding 
Sheriffs,  be  reconsidered.  Which,  being  put,  passed  in  the 
negative. 

It  was  then  moved,  and  seconded,  that  the  vote  for  excluding 
the  Judges  of  Probate  from  seats  in  both  Houses,  be  recon- 
sidered, and  that  they  be  eligible  to  a  seat  in  the  Senate. 
Which,  being  put,  passed  in  the  negative. 

A  motion  was  then  made,  and  seconded,  for  reconsidering 
the  vote  for  excluding  the  Attorney  General  from  a  seat  in 
either  House  of  the  Legislature.  Which,  being  put,  passed  in 
the  negative,  19  in  59. 

A  motion  was  then  made,  for  reconsidering  the  vote  for  ex- 
cluding the  Solicitor  General  from  the  same  ;  which  subsided, 
not  being  seconded. 

A  motion  was  made,  and  seconded,  for  reconsidering  the  vote 
for  excluding  the  Clerk  of  the  House  of  Representatives  from 
a  seat  in  the  same,  as  a  member.  Which,  being  put,  passed  in 
the  negative. 

A  motion  was  then  made,  and  seconded,  that  the  Clerks  of 
the  Inferior  Court  of  Common  Pleas,  and  of  the  Court  of  Gen- 
eral Sessions  of  the  Peace  be  excluded  from  a  seat  in  either 
House  of  the  Legislature.  Which,  being  put,  passed  in  the 
negative,  20  in  47. 

It  was  then  moved,  and  seconded,  that  the  last  vote  be  re- 
considered, with  respect  to  the  Clerk  of  the  Inferior  Court  of 
Common  Pleas  only.  Which,  being  put,  passed  in  the  affirma- 
tive. 

It  was  then  moved,  and  seconded,  that  the  Clerks  of  the  In- 
ferior Courts  of  Common  Pleas  be  excluded  from  a  seat  in  eith- 
er House  of  the  Legislature.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  that  the  Clerks  of  the  Su- 
preme Judicial  Court  be  excluded  from  the  same.  Which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  the  vote  for  excluding  Reg- 
isters of  Deeds  from  the  same  be  reconsidered.  Which,  being 
put,  passed  in  the  negative. 


139 

A  motion  was  then  made,  and  seconded,  that  a  Committee  be 
appointed  to  bring  in  an  article  making  provision  for  the  issuing 
precept  for  a  new  choice  of  a  member  or  members,  when  any 
person  or  persons,  returned  to  serve  in  either  House  of  the 
Legislature  shall  be  appointed  to  and  accept  of  places  under 
the  government,  the  holding  of  which  is,  or  shall  be,  declared 
to  be  incompatible  with  the  retaining  a  seat  in  the  same. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Committee  consist  of  one. 

A  nomination  being  called  for. 

The  Hon.  Judge  Sullivan  was  appointed. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed.    Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  nine  o'clock 
to-morrow  morning. 


9  o'clock,  Friday  Morning,  Feb.  1780^ 

Met  according  to  adjournment. 

The  14th  article,  1st  section,  3d  chapter,  being  read.  On  a 
motion,  made  and  seconded,  the  further  consideration  of  the 
same  was  assigned  to  4  o'clock,  P.  M. 

The  Rev.  Mr.  Clarke  was  then  introduced,  and  prayed  with 
the  Convention. 

I.  It  was  then  moved,  and  seconded,  that  a  Committee  be  apn 
pointed  to  consider  and  bring  in  an  article,  which  shall  disqual- 
ify any  person  convicted  of  bribery  or  any  other  corruption,  from 
holding  any  office  under  the  government  of  this  Commonwealth, 
or  a  seat  in  either  House  of  the  Legislature.  Which,  being 
put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz: 

The  Rev.  Mr.  Clarke, 
Gol.  Dawes,  and 
Col.  Williams. 


140 

The  7th  article,  3d  section,  3d  chapter,  (40th  page)  being 
l-ead,  it  was  on  a  motion,  made  and  seconded, 

Voted,  That  the  further  consideration  of  the  same  be  post- 
poned. 

It  was  then  moved,  and  seconded,  that  there  be  a  distinct 
Chapter  in  the  Constitution,  for  the  several  Oaths  and  Tests 
which  have  been,  or  shall  be  prescribed  to  be  taken  and  sub- 
scribed by  the  Officers  of  Government  and  the  two  Houses  of  As- 
sembly, and  also,  for  the  list  of  persons  excluded  from  a  seat  in 
either  House,  and  such  miscellaneous  matters  as  the  Convention 
shall  direct  to  stand  in  the  same. 

The  3d  article,  in  the  4th  chapter,  was  then  read,  and  accep- 
ted. 

The  6th  article  in  the  same  was  then  read,  and  on  a  motion, 
made  and  seconded. 

Voted,  That  the  words  "  shall  be  determined  by  the  Senate," 
be  expunged. 

The  article  as  amended,  was  then  put,  and  accepted. 

The  1st  article,  5th  chapter,  was  then  read. 

Moved,  and  seconded,  to  substitute  the  word"  June,"  in  lieu 
of  the  word  "  November,"  and  "  first,"  in  lieu  of"  second." 

It  was  then  moved,  and  seconded,  that  the  words  "during  the 
May  Sessions,"  be  inserted  in  lieu  of  the  words  "  on  the  second 
Wednesday  of  November,  if  the  General  Court  be  then  sitting, 
or  on  the  second  Wednesday  of  the  Session  next  after." 

It  was  moved,  and  seconded,  that  the  words  "  on  the  first 
Wednesday  in  the  May  Session,  or  such  time  as  the  General 
Court  shall  then  assign  for  that  purpose,"  be  inserted  ;  which 
were  respectively  superseded,  by  a  motion,  made  and  seconded, 
that  the  words  "  sometime  in  the  month  of  June,"  be  inserted 
in  lieu  of  the  words  aforesaid.  Which,  being  put,  passed  in 
the  affirmative. 

It  was  then  Moved,  and  seconded,  that  the  words  "  to  serve 
in  Congress  for  one  year,  to  commence  on  the  first  Monday  in 
Novembci  then  next  ensuing,"  be  inserted.  Which,  being  put, 
passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  bring  in  an  article  which  shall  prescribe  the  qualifi- 
cations necessary  for  Members  of  Congress.  Which,  being  put, 
passed  in  the  affirmative. 


141 

It  was   moved,  and  seconded,  that  the   Committee  consist  of 
three. 

A  nomination  being  called  for,  the  following  gentlemen,  viz  : 
Mr.  Gray, 
Col.  Tyng,  and 
General  Danielson,  were  appointed. 

The  article  aforesaid,  as  amended,  was  then  put,  and  accept- 
ed. 

It  was  then  moved,  and  seconded,  that  the  following  clause 
be  added  before  the  last  paragraph  in  the  2d  article,  1st  section, 
2d  chapter,  viz  : 

"  But  in  all  such  cases  the  votes  of  both  Houses  shall  be  de- 
termined by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  said  Bill  or  Resolve  shall  be  entered  upon 
the  public  records  of  the  Commonwealth."  Which,  being  put, 
passed  in  the  affirmative. 

The  3d  article  in  the  same  was  then  read  and  debated.  The 
further  consideration  of  the  article  was  postponed  to  5  o'clock, 
this  afternoon. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  3  o'clock,  P.  M.  Which,  being  put,  passed  in  the 
affirmative. 

The  Convention  was  adjourned  accordingly. 

Friday  P.  M.  25   Feb.   1780. 

Met  according  to  adjournment. 

The  6th  article,  1st  section,  3d  chapter,  [being  taken  up,] 
moved,  and  seconded,  that  the  Committee  upon  this  article,  ap- 
pointed yesterday,  be  authorized  to  consider  and  report  what  al- 
terations may  be  necessary  to  be  made  in  the  same  respecting 
the  dissolution  of  the  General  Court.  Which  was  superseded 
by  a  motion,  made  and  seconded,  that  all  the  amendments,  which 
have  taken  place  respecting  the  dissolution  of  the  General  Court; 
[be  reconsidered  ?]  and  that  the  following  words  be  introduced 
in  lieu  of  those  of  the  printed  copy  and  the  said  amendments, 
viz  :  "  and  to  dissolve  the  same  on  the  Tuesday  next  preceding 
the  last  Wednesday  in  May."  Which,  being  put,  passed  in  the 
affirmative. 

The  Committee  on  the  disqualification  of  persons  convicted 
19 


142 

of  bribery  and  corruption,  reported  an  article  for  that  purpose. 
Which,  being  debated,  and  the  words  "  in  due  course  of  law," 
on  a  motion,  made  and  seconded,  inserted,  their  report  was  put, 
(K.)  and  accepted,  viz  :  "  No  person  shall  ever  be  admitted  to 
hold  a  seat  in  the  Legislature,  or  any  office  of  trust  or  impor- 
tance in  the  government  of  this  Commonwealth,  who  shall,  in 
due  course  of  law,  have  been  convicted  of  bribery  or  corruption 
in  obtaining  an  election  or  appointment."  (T.) 

The  2d  article,  5th  chapter,  was  then  read,  and  on  a  motion, 
made  and  seconded,  that  the  words  "  signed  by  the  Governor," 
suspended  by  a  former  vote,  be  now  restored.  Which,  being 
put,  passed  in  the  affirmative. 

The  article  was  then  put,  and  accepted. 

The  order  of  the  day  being  called  for,  on  a  motion,  made  and 
seconded, 

\Voted,']  That  the  Secretary  be  directed  to  signify  to  the  Judges 
of  the  Superior  Court,  in  writing,  the  request  of  this  Convention, 
that  they  would  give  their  attendance  this  evening,  as  matters 
of  importance  are  to  be  acted  upon,  which,  being  done,  the 
3d   article,    1st   section,    6th  chapter  was  read  and  accepted. 

The  5th  article,  5th  chapter,  was  then  read,  and  debated, 
when  the  same  was  ordered  to  lie  for  the  present. 

The  Committee  on  the  qualifications  of  Delegates  from  this 
State  to  Congress,  reported  as  follows.     (E.) 

Which  was  considered  in  paragraphs. 

The  1st  paragraph  as  far  as  "  the  same,"  being  read,  the  same 
was  accepted,  by  16  in  30. 

The  2d  as  far  as  "  Election,"  being  read,  it  was,  on  a  motion, 
made  and  seconded,  agreed  that  this  paragraph  lie  for  the  pre- 
sent, until  the  Committee  on  the  Declaration  of  the  Convention 
who  shall  be  deemed  subject,  shall  have  reported. 

The  3d  being  read,  and  debated,  it  was  moved,  and  seconded, 
that  the  whole  of  the  report  be  postponed  for  further  considera- 
tion.    Which,  being  put,  passed  in  the  affirmative. 

The  5th  and  7th  articles,  5th  chapter,  being^gain  read,  it  was 
moved,  and  seconded,  that  the  further  consideration  of  these  ar- 
ticles be  postponed  for  the  present. 

The  2d  paragraph,  1st  section,  2d  chapter,  was  then  read,  and 
on  a  motion,  made  and  seconded, 

Voted,  That  the  words  "  if  not  before  that  time  dissolved  by 
the  Governor  at  their  request,"  be  expunged. 


143 

The  order  of  the  day  was  then  taken  up,  and  the  14th  article^ 
1st  section,  3d  chapter,  was  read,  and  debated.  It  was  again 
read,  put,  and  passed  in  the  negative,  14  in  36. 

The  2d  order  of  the  day  being  called  for,  it  was  then  moved, 
and  seconded,  that  the  further  consideration  of  the  same  be  post- 
poned to  to-morrow  morning,  11  o'clock.  Which,  being  put, 
passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  two  gentlemen  be  ad- 
ded to  the  Committee  on  2d  article,  3d  section,  3d  chapter,  when 
Mr.  Appleton,  and 
Mr.  West,  were  added. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  to-morrow  morning.  Which,  being  put,  passed  in 
the  affirmative,  and  the  Convention  was  adjourned  accordingly. 


Saturday  Morning,  26th  Feb.  1780. 

Met  according  to  adjournment. 

The  7th  article,  5th  chapter,  (page  45)  was  read,  and  deba- 
ted ;  when  the  Rev.  Mr.  White  was  introduced,  and  prayed 
with  the  Convention. 

It  was  then  moved,  and  seconded,  that  the  words  "  his  Excel- 
lency the  Governor,"  "  or  by  his  Honor  the  Lieutenant  Gover- 
nor, &c.  or  the  Honorable  the  Council,  &c.  as  the  case  may 
be,"  be  expunged.     Which,  being  put,  passed  in  the  affirmative. 

(L.)  It  was  moved,  and  seconded,  that  a  Committee  be  appoint- 
ed to  consider  of  the  expediency  of  an  additional  clause  or 
clauses  to  the  1st  article,  1st  section,  2d  chapter,  making  provi- 
sion for  a  more  speedy  decision  upon  the  bills  and  resolves  of  the 
Legislature,  in  cases  where  the  Governor  shall  have  no  objec- 
tions to  them,  than  is  provided  for  in  the  said  article,  and  also  of 
affixing  the  great  seal  of  the  Commonwealth  to  the  Statutes  of 
the  same.     Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded,  that  the  Committee  consist 
of  three. 


144 
A  nomination  being  called  for,  the  following  gentlemen,  viz  : 

Mr.  GORHAM, 

Mr.  Thomson,  and 

Mr.  Otis,  were  appointed. 

The  Committee  on  the  6th  article,  1st  section,  3d  chapter, 
on  adjournments,  made  report  of  a  substitute  for  the  said  arti- 
cle. Which  was,  on  a  motion  made,  and  seconded,  considered 
in  paragraphs. 

The  1st,  as  far  as  "  in  May,"  was  read,  and  accepted. 

The  2d,  as  far  as  *'  recess,"  was  read,  and  accepted. 

The  3d,  as  far  as  "  adjourned,"  was  read,  and  rejected. 

The  4th,  as  far  as  "  require  it,"  was  read,  and  accepted. 

The  5th  and  last,  read,  and  accepted. 

The  report  was  then  put,  and  accepted,  as  follows  :  That  the 
following  be  substituted  in  lieu  of  the  said  article,  viz  :  "The 
Governor,  with  advice  of  Council,  shall  have  full  power  and 
authority,  during  the  session  of  the  General  Court,  to  adjourn 
or  prorogue  the  same  to  any  time  the  two  Houses  shall  desire, 
and  to  dissolve  the  same  on  the  day  next  preceding  the  last 
Wednesday  in  May,  and,  in  the  recess  of  the  said  Court,  to  pro- 
rogue the  same,  from  time  to  time,  not  exceeding  ninety  days 
in  any  one  recess,  and  also  to  call  it  together  sooner  than  the 
time  to  which  it  may  be  adjourned  or  prorogued,  if  the  welfare 
of  the  Commonwealth  shall  require  it. 

And,  in  case  of  any  infectious  distemper  prevailing  in  the 
place  where  the  said  Court  is  next  at  any  time  to  convene  by 
adjournment  or  prorogation,  or  any  other  cause  happening, 
whereby  danger  may  arise  to  the  health  or  lives  of  the  mem- 
bers from  their  attendance,  he  may  direct  the  session  to  be  held 
at  some  other  the  most  convenient  place  within  the  same. 

And  the  said  General  Court  shall  be  dissolved  by  the  Gov- 
ernor, on  the  day  next  preceding  the  last  Wednesday  in  May." 

The  Committee  on  vacating  seats  in  the  Assembly,  on  ac- 
cepting appointments  to  civil  offices,  reported  as  follows  : 

"  When  any  member  of  the  House  of  Representatives  shall 
be  appointed  to,  and  accept  of,  any  civil  office,  his  seat  in  the 
House  of  Representatives  shall  thereupon  become  vacant,  and 
a  precept  shall  be  issued  to  his  town  for  a  new  election. 

Provided  nevertheless,  that  if  the  office  so  accepted  shall  be 


145 

such,  as  is  not  incompatible  with  a  seat  in  the  House,  and  his 
town  shall  upon  [a]  new  election,*  he  be  entitled  to  his  seat.'' 
Which  report,  being  put,  passed  in  the  negative. 

Moved,  and  seconded,  that  the  Committee  on  the  10th  article 
be  filled  up.     Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen,  viz  : 
Mr.  Otis, 
Mr.  Barrell, 
Judge  Gushing, 
were  added  to  the  Committee. 

The  order  of  the  day,  viz  :  3d  article,  2d  section,  2d  chapter, 
4th  paragraph,  be  [was]  considered. 

Moved,  and  seconded,  that  the  same  be  expunged.  Which, 
being  put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  the  words  "  dissolve  and," 
be  inserted  in  the  amendment  of  the  2d  paragraph,  1st  article, 
1st  section,  2d  chapter,  between  the  words  "shall"  and  "be." 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
now  adjourned  to  10  o'clock,  on  Monday  morning.  Which, 
being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  that  time. 


Monday  Morning,  28  Feb.  1780. 

Met  according  to  adjournment. 

The  5th  article,  5th  chapter,  read  and  debated ;  moved  and 
seconded,  to  expunge  the  words  "  part  of  the  British  or  English 
Statutes,"  and  insert  the  word  "  Laws."  Which,  being  put, 
passed  in  the  affirmative  ;  when  the  Rev.  Dr.  Cooper  was  in- 
troduced, and  prayed  with  the  Convention. 

It  was  then  moved,  and  seconded,  to  expunge  all  the  words 
from  "  all"  to  *'  laws,"  and  to  insert  the  words  "  which"  and 
"^'  heretofore."     Which,  being  put,  passed  in  the  affirmative. 

The  article  was  then  put,  and  accepted. 

The  Committee  on  2d  article,  3d  section,  3d  chapter,  on  the 

*  Omission — que.  reelect  him  ? 


14^ 

choice  of  Counsellors,  reported  ;  when  the  report  (F.)  was 
read,  and  debated. 

It  was  then  moved,  and  seconded,  that  the  same  subside, 
and  the  printed  report  on  the  same  subject  be  taken  up,  and 
considered.     Which,  being  put,  passed  in  the  affirmative. 

The  2d  article,  3d  section,  3d  chapter,  was  then  again  read, 
and  debated,  when  a  motion  was  made,  and  seconded,  that  the 
Convention  be  adjourned.  Which,  being  put,  passed  in  the 
affirmative. 

The  Convention  was  adjourned  accordingly  to  3  o'clock. 

Three  o^clock,  P.  M,    Met  according  to  adjournment. 

The  Convention  resumed  the  consideration  of  the  2d  article, 
3d  section,  3d  chapter,  which  was  again  read. 

It  was  moved,  and  seconded,  that  the  words  following  be 
added  to  the  article,  viz  :  "  And  in  case  there  shall  not  be 
found  upon  the  first  choice  the  whole  number  of  nine  persons, 
who  will  accept  a  seat  in  the  Council,  the  deficiency  shall  be 
made  up,  by  the  electors  aforesaid,  from  among  the  people  at 
large,  and  the  number  of  Senators  left  shall  be  the  Senate  for 
the  year,  subject  to  the  restrictions  of  the  4th  article  in  this 
section,"  be  added  immediately  after  the  word  "  room." 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  into  the 
Council,"  be  expunged,  (in  the  next  paragraph,)  and  the  words 
"  from  the  Senate,"  be  inserted  in  lieu  thereof.  Which,  being 
put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  and  in 
this  manner  the  number  of  Senators  shall  be  reduced  to  thirty- 
one,"  be  expunged.  Which,  being  put,  passed  in  the  affirma- 
tive. 

The  article  was  then  put,  as  amended,  and  accepted. 

The  last  paragraph,  3d  article,  in  the  Declaration  of  Rights, 
was  then  read,  and  the  following  transposition  was  moved  and 
seconded,  viz :  the  words  "  every  denomination  of  Christians," 
in  lieu  of  "  Christians  of  every  denomination."  Which,  being 
put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  the  words  "demeaning 


147 

emselves  peaceably,"  be  expunged.  Which,  being  put, 
passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  last  vote  be  re- 
considered.    Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  quorum  of  the 
Senate  be  now  determined.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  that  the  quorum  of  the 
Senate  for  doing  business  be  not  less  than  sixteen.  Which, 
being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  4th  article,  3d 
section,  3d  chapter,  be  now  considered. 

The  same  being  read,  it  was  moved,  and  seconded,  that  the 
words  "  Senators,"  be  inserted  between  the  words  "  two"  and 
'*  Counsellors,"  and  the  word  "  Counsellor,"  between  the  words 
"  chosen"  and  "  out."  Which,  being  put,  passed  in  the  nega- 
tive. 

The  article  as  in  the  printed  copy  being  then  put,  the  same 
was  accepted. 

The  Committee  on  the  10th  article,  3d  section,  2d  chapter, 
(page  28,)  made  report  (G.)  of  an  article,  as  a  substitute  for 
the  same.     Which,  being  read,  was,  on  a  motion, 

Voted,  to  be  considered  in  paragraphs. 

The  1st  as  far  as  "members,"  was  then  read,  and  accepted. 

The  2d  as  far  as  "  Speaker,"  was  read,  and  accepted. 

The  3d  as  far  as  "  House,"  ditto. 

The  4th  as  far  as  "  presence,"  being  read,  it  was  moved,  and 
seconded,  that  the  words  "  not  a  member,"  be  inserted  after 
the  word  "  person."  Which,  being  put,  passed  in  the  affirma- 
tive. 

It  was  then  moved,  and  seconded,  that  the  first  paragraph  be 
reconsidered.     Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  as  pointed 
out  in  the  Constitution,"  be  added  immediately  after  the  word 
"  members." 

The  paragraph  was  then  put,  as  amended,  and  accepted. 

The  5th. paragraph,  as  far  as  "House,"  was  then  read,  and 
accepted. 

The  Gth  do.  as  far  as  "  meet,"  was  then  read,  and  debated. 


148 

when  it  was  moved,  and  seconded,  that  the  words  "  who  shall 
hold  to  bail  on  mesne  process,"  instead  of  the  word  "  arrest," 
before  the  words  "  any  member,"  be  inserted ;  when  it  was 
moved,  and  seconded,  that  the  clause  which  relates  to  arrests 
be  expunged.     Which,  being  put,  passed  in  the  affirmative. 

The  7th  as  far  as  "  returning,"  put  and  accepted. 

The  8th  as  far  as  "  House,"  put  and  accepted. 

The  last  as  far  as  "  session,"  being  read,  it  was  moved,  and 
seconded,  that  the  words  "  during  the  session,"  be  expunged. 
Which,  being  put,  passed  in  the  affirmative. 

The  paragraph  was  then  put,  and  accepted. 

The  report  of  the  Committee  was  then  put,  and  accepted, 
with  the  amendments,  and  is  as  follows,  viz  :  (G.) 

The  House  of  Representatives  shall  be  the  judge  of  the  re- 
turn, election  and  qualification  of  its  own  members  as  pointed 
out  in  the  Constitution ;  shall  choose  their  own  Speaker,  ap- 
point their  own  officers,  and  settle  the  rules  and  orders  of  pro- 
ceeding in  their  own  House  ;  they  shall  have  authority  to  punish 
by  imprisonment  every  person  not  a  member,  who  shall  be  guil- 
ty of  disrespect  to  the  House  by  any  disorderly  or  contemptu- 
ous behaviour  in  its  presence,  or  who  in  the  town,  where  the 
General  Court  is  sitting  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members  for 
any  thing  said  or  done  in  the  House,  or  who  shall  assault  any 
of  them  therefor,  or  who  shall  assault  or  arrest  any  witness  or 
other  person  ordered  to  attend  the  House,  in  his  way  in  going 
or  returning,  or  who  shall  rescue  any  person  arrested  by  the  or- 
der of  the  House. 

And  no  member  of  the  House  of  Representatives  shall  be 
arrested  or  held  to  bail  on  mesne  process,  during  his  going  unto, 
returning  from,  or  his  attending  the  General  Assembly. 

The  same  Committee  brought  in  the  following  report,  of  ad- 
dition to  be  made  to  the  1 1th  article  in  the  same  section,  in  the 
printed  report,  viz  : 

And  the  Senate  and  House  of  Representatives  may  try  and 
determine  all  cases  where  their  rights  and  privileges  are  con- 
cerned, and  which  by  the  Constitution  they  have  authority  to 
try  and  determine,  by  Committees  of  their  own  members,  or  in 
such  other  way  as  they  may  respectively  think  best. 

Which  being  read,  debated,  and  put,  was  accepted. 


149 

The  Committee  on  the  6th  article,  5th  chapter,  on  the  Habeas 
Corpus  act,  then  reported,  (H.)  that  the  words  "  except  &c,"  to 
the  close,  be  expunged,  and  a  substitution  of  the  words  follow- 
ing in  lieu  thereof,  viz :  except  in  time  of  war,  invasion,  or  re- 
bellion, or  where  the  Legislature  have  previously  declared  that 
there  is  immediate  danger  of  a  war,  invasion,  or  rebellion,  and 
only  as  to  such  persons  who  shall  be  charged  with  being  in  the 
interest  of  the  enemy  or  in  a  conspiracy  against  the  State  ;  and, 
in»such  cases,  the  suspension  shall  never  operate  with  respect 
to  any  person  for  a  longer  time  than  the  space  of  forty  days, 
nor  with  respect  to  any  one,  who  has  been  liberated  on  such 
writ,  until  twenty  days  after  such  liberation.  Which,  being  put, 
passed  in  the  negative,  14  in  35. 

It  was  moved,  and  seconded,  that  the  report  of  the  General 
Committee,  not  already  passed,  be  now  considered.  Which, 
being  put,  passed  in  the  affirmative. 

The  last  paragraph  being  then  read,  it  was  moved  and  sec- 
onded, that  the  words  "not  exceeding  six  months  "  be  added  to 
the  same.     Which,  being  put,  passed  in  the  negative,  13  in  36. 

It  was  then  moved,  and  seconded,  that  the  words  "  short  and  " 
be  expunged,  and  the  words  "  not  exceeding  twelve  months  "  be 
added.  Which,  being  put,  the  votes  on  each  side  were  even,  IS 
in  36,  when  the  President  gave  the  casting  vote  in  favor  of  the 
amendment. 

It  was  then  moved,  and  seconded,  that  the  following  words 
be  added  to  the  article  in  lieu  of  the  last  words  in  the  report 
as  now  amended,  not  exceeding  twelve  months,  viz  : 

"  And  then  by  act  so  conceived  that  no  person  shall  be  liable 
to  be  held  in  prison  longer  than  for  the  term  of  twelve  months, 
without  being  legally  charged  with  some  crime  ;  nor  shall  any 
person  liberated  by  such  writ  be,  within  forty  days  after  his  lib- 
eration, again  committed,  but  on  some  certain  and  legal  charge 
expressed  in  the  warrant  of  commitment." 

It  was  moved,  and  seconded,  that  the  words  "  for  legal  cause  " 
be  substituted  in  the  proposed  amendment  in  lieu  of  the  words 
"  on  some  certain  and  legal  charge."  Which,  being  put,  pass- 
ed in  the  affirmative,  17  in  33. 

It  was   then  moved,  and  seconded,  that  the  words,   "in  time 
of  war,  rebellion,  or  invasion,  declared  or  apprehended  by  the 
20 


150 

Legislature,"  be  inserted  in  some  proper  place  in  the  proposed 
amendment. 

Which,  being  put,  the  votes  were  even,  18  in  36,  and  the 
President  gave  his  casting  vote  in  the  negative. 

The  paragraph,  with  the  preceding  amendments,  was  then 
put,  and  accepted. 

It  was  then  moved,  and  seconded,  that  the  paragraph  as 
amended  and  accepted,  be  recommitted.  Which,  being  put, 
passed  in  the  negative,  14  in  33. 

A  further  amendment,  viz  :  "  committed  by  virtue  of  the  act, 
and,"  was  then  moved,  and  seconded.  Which,  being  put, 
passed  in  the  negative,  12  in  33. 

It  was  then  moved,  and  seconded,  that  the  last  clause,  as 
last  amended,  be  reconsidered.  Which,  being  put,  passed  in 
the  affirmative. 

On  a  motion,  made  and  seconded,  the  article  in  the  printed 
report  as  first  amended,  viz  :  with  the  addition  of  the  words 
"not  exceeding  twelve  months"  and  expunging  the  words 
"  short  and  "  was  then  put,  and  accepted,  by  20  in  36. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned.     Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  to-morrow 
morning,  9  o'clock. 


Tuesday  Morning,  9  o'clock. 

Met  according  to  adjournment. 

The  Rev.  Mr.  Howard  was  introduced,  and  prayed  with  the 
Convention. 

The  Committee  on  the  12th  article  in  the  Declaration  of 
Rights  made  report,  that  the  12th  and  14th  articles  be  incorpo- 
rated. (I)  Which,  being  debated,  on  a  motion,  made  and  sec- 
onded, 

Foted,  That  the  report  be  recommitted  for  amendment. 

It  was  moved,  and  seconded,  that  Mr.  Lowell  be  added  to 
the  Committee.     Which,  being  put,  passed  in  the  affirmative. 


151 

It  was  moved,  and  seconded,  that  Judge  Gushing  be  added 
to  the  Committee.  Which,  being  put,  passed  in  the  affirma- 
tive. 

The  Committee  on  additions  to  the  article  of  revision  of  laws 
reported,  that  the  following  words  be  inserted  immediately  after 
the  word  revisal,  viz  :  No  bill  or  resolve  of  the  Senate  or 
House  of  Representatives  shall  become  a  law  and  have  force  as 
such,  until  it  shall  have  been  laid  before  the  Governor  for  his 
revisal,  and  if  he,  upon  such  revision,  approve  thereof,  he  shall 
signify  his  approbation  by  signing  the  same  ;  but  if  he  have 
in  lieu  of  the  words  "  and  if  he  upon  such  revision  shall  have." 
Which,  being  put,  passed  in  the  affirmative. 

The  Committee  on  the  12th  article  made  report  of  the  fol- 
lowing addition  to  the  report  brought  in  this  morning,  viz  : 
"  Provided."  It  was  then  moved,  and  seconded,  that  the  word 
"  And  "  be  substituted  in  lieu  of  the  word  "  Provided."  Which, 
being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  excepting 
for  the  government  of  the  army  and  navy,  "  be  added.  Which, 
being  put,  passed  in  the  affirmative. 

The  report  of  the  Committee  was  then  read  as  amended,  and 

On  motion,  made  and  seconded,  it  was 

Voted,  To  accept  tlie  same,  and  that  it  stand  in  the  Declara- 
tion of  Rights  in  lieu  of  the  12th  and  14th  articles  in  the  report 
of  the  General  Committee,  as  follows,  viz.  "  No  subject  shall 
be  held  to  answer  for  any  crime  or  offence  until  the  same  is 
fully  and  plainly,  substantially  and  formally,  described  to  him, 
or  be  compelled  to  accuse  or  furnish  evidence  against  himself, 
and  every  subject  shall  have  a  right  to  produce  all  proofs  that 
may  be  favourable  to  him,  to  meet  the  witnesses  against  him 
face  to  face,  and  to  be  fully  heard  in  his  defence  by  himself  or 
his  Council,  at  his  election ;  and  no  subject  shall  be  arrested, 
imprisoned,  despoiled,  or  deprived  of  his  property,  immunities, 
or  privileges,  put  out  of  the  protection  of  the  law,  exiled  or 
deprived  of  his  life,  liberty  or  estate,  but  by  the  judgment  of 
his  peers,  or  the  law  of  the  land.  And  the  Legislature  shall  not 
make  any  law,  that  shall  subject  any  person  to  a  capital  or  in- 
famous punishment,  excepting  for  the  government  of  the  army 
and  navy,  without  trial  by  Jury." 


152 

The  Committee  on  the  Address  to  the  People  made  Report  of 
the  same.  (L)  Which,  being  read,  it  was  moved,  and  seconded, 
the  [that]  4  o'clock  this  afternoon  be  assigned  to  consider  the 
same. 

The  Committee  on  the  adjournment  of  the  Convention  and  ac- 
ting upon  the  sense  of  their  constituents,  &c.  reported.     (M) 

The  Committee  on  the  incompatibility  of  Offices  also  made 
report.     (N) 

The  Committtee  on  the  16th  article  reported  that  the  follow- 
ing words,  viz.  "  except  in  such  cases  as  have  heretofore  been 
otherways  used  and  practised,"  be  added  immediately  after  the 
word  **^  persons."     Which,  being  put,  passed  in  the  affirmative. 

The  article  was  then  put,  and  accepted,  with  the  amendment. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed. Which,  being  put,   and  passed  in   the  affirmative. 

The  Convention  was  adjourned  to  3  o'clock,  P.  M. 

Tuesday  P.  M.,  Three  o'clock. 

Met  according  to  adjournment. 

The  report  of  the  Committee  on  adjournment  of  the  Conven- 
tion, for  the  purpose  of  receiving  and  acting  upon  the  sense  of 
their  constituents,  was  then  taken  up  and  considered ;  when  the 
same  was  debated,  and  afterwards  acted  upon  in  paragraphs. 

The  1st  as  far  as  "  adjourned  to  "  [was  read]  when  it  was 
moved,  and  seconded,  to  fill  up  the  blank  with  the  words  "  the 
first  Wednesday  in  September,"  which  was  largely  debated, 
when  the  same  was  put,  and  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  2d  Wednesday  in 
August  be  inserted  in  the  blank.  Which,  being  put,  passed  in 
the  negative. 

It  was  then  moved,  and  seconded,  that  the  2d  Wednesday  in 
July  be  inserted.     Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  4th  Wednesday 
[in]  June  be  inserted.  Which,  being  put,  passed  in  the  [nega- 
tive.] 

It  was  then  moved,  and  seconded,  that  the  blank,  be  filled 
up  with  "  the  first  Wednesday  in  June."  Which,  being  put, 
passed  in  the  affirmative. 

The  2d  as  far  as  to  "  meet  at,"  was  read,  when  it  was  moved, 


163 

and  seconded,  that  the  blank  be  filled  up  by  the  word  "  Boston." 
Which,  being  put,  passed  in  the  affirmative. 

The  3d  as  far  as  "  Copies," 

Voted,  to  be  postponed  for  the  present. 

The  4th  as  far  as  "  State,"  [being  read?] 

Voied,  That  the  paragraph  be  committed. 

The  5th  as  far  as  "  State,"  being  read,  it  was  moved  and  sec- 
onded, that  [the]  words  "  and  Committees  of  each  plantation" 
be  inserted.     Which,  being  put,  passed  in  the  affirmative. 

The  6lh  as  far  as  "  consideration,"  being  read,  it  was  on  a 
motion,  made  and  seconded. 

Voted,  That  the  words  "  inhabitants  of  plantations"  be  inser- 
ted in  lieu  "  of  their  towns." 

The  7th  as  far  as  "  the  same"  being  read,  and  so  on  to  the 
word  "  Convention,"  it  was  then  moved,  and  seconded,  that 
after  the  words  "  of  the  Convention"  the  following  be  inserted, 
viz  :  "  on  the  first  Wednesday  in  June,  or,  if  may  be,  by  the 
last  Wednesday  in  May,  in  order  to  his  laying  the  same  before 
a  Committee,  to  be  appointed  for  the  purpose  of  examining 
and  arranging  them,  to  be  laid  before  the  Convention  as  [at] 
the  adjournment.     Which,  being  put,  passed  in  the  affirmative. 

The  8th  as  far  as  "  meetings"  being  read,  on  a  motion,  made 
and  seconded. 

Voted,  That  the  word  "  plantation"  be  inserted  before  the 
word  "  meetings." 

The  9th  paragraph,  as  far  as  "  Constitution"  read,  and  ac- 
cepted. 

The  10th  as  far  as  "  State"  was  read,  and  accepted. 

The  report,  as  amended,  was  then  put,  and  accepted. 

It  being  voted  above,  that  the  4th  paragraph  be  committed 
in  order  to  the  filling  up  the  blanks  in  the  same. 

It  was  moved  and  seconded,  that  a  Committee  be  appointed 
to  consider  of  the  expediency  of  a  proposal  to  be  made  to  the 
People  at  large,  of  perfecting  and  giving  final  effect  to  the 
Constitution,  after  receiving  and  acting  upon  their  objections  : 
and  that  the  Committee  consist  of  five. 

A  nomination  being  called  for,  the  gentlemen  named  in  the 
margin  were  appointed. 


154 

Mr.  Barrett,  * 
Mr.  Adams, 
Mr.  Lowell, 
Mr.  Chaplin, 
Mr.  Klmball. 
It  was  then,  on  a  motion  made  and  seconded. 
Voted,  [that]  a  Committee   be  appointed  to  consider  of  the 
number  of  books  to  be  printed,  and  the  most  expeditious  meth- 
od of  printing  and  distributing  them  among  the  People  through 
the  state ^5   and  that  the  Committee  consist  of  three.     A  nomi- 
nation being   called  for,  the   gentlemen  named   in  the  margin 
were  appointed. 

Mr.  Barrett,  * 
Mr.  Gray,    ~ 
Mr.  Thomson. 
The  order  of  the  day  being  called   for,  the  Address  to  the 
People,  was  resumed  and  considered  in  paragraphs. 

The  1st  paragraph,  as  far  as  consideration,  was  read,  and 
^accepted. 

The  2d  as  far  as  Commonwealth,  do. 

It  was  then  moved,  and  seconded,  that  the  words  "  if  any 
tshall  appear  to  you  to  be  necessary"  [be  inserted]  after  the 
£word]  amendments,"  and  the  word  "  may  "  in  lieu  of  "  shall." 
Which,  being  separately  put,  were  accepted. 
The  paragraph  was  then  put,  and  accepted. 
The  3d  paragraph,  as  far  as  "  government,"  was  then  read, 
and  accepted. 

The  4th  do.  as  far  as  "  government,"  was  then  read,  and  ac- 
cepted. 

The  5th  do. "  decision,"  being  read,  it  was,  on  a 

motion  made,  and  seconded, 

Voted,  That  the  word  "  Constitution,"  near  the  close  of  it, 
be  substituted  in  lieu  of  "  form  of  government." 

It  being  proposed  to  expunge  certain  words,  relative  to  the 
inimical  practices  of  those  who  would  endeavor  to  prevent  a 
Constitution's  taking  place,  the  same  was  debated,  when  it  was 
moved,  and  seconded,  that  the  Address  be  read  in  paragraphs, 
distinctly,  and  pauses  made  for  observation,  but  no  questions  be 

*  In  the  margin  of  the  Journal. 


155 

put  upon  the  same  ;  and  that,  after  going  through  the  whole, 
that  the  Address  be  recommitted  for  such  amendments,  as  the 
Committee  shall  find  to  be  agreeable  to  the  Convention,  on 
general  observations  made  thereon.  Which  passed  sub  sileniio. 
The  Address  was  read,  and  considered  accordingly. 

Report  of  the  Committee  on  the  adjournment  of  the  Con- 
vention for  a  recess,  in  order  to  act  upon  the  sense  of  the  Peo- 
ple of  the  State,  upon  their  General  Report  on  the  Frame  of 
Government,  which  they  may  agree  upon  and  submit  to  their 
revision,  as  accepted. 

^^  Resolved,  That  this  Convention,  when  it  shall  adjourn,  (for 
a  recess,)  be  adjourned  to  the  first  Wednesday  in  June  next, 
then  to  meet  at  Boston,  and  that  eighteen  hundred  copies  of 
this  Form  of  Government  be  printed,  and  (except  such  as> 
shall  be  ordered  to  each  member  of  the  Convention,)  be  sent 
to  the  Selectmen  of  each  town,  and  the  Committees  of  each 
plantation  in  this  State,  and  that  they  be,  under  the  direction  of 
a  Committee  to  be  appointed  for  the  purpose,  requested,  as^ 
soon  as  may  be,  after  receiving  the  same,  to  lay  them  before^ 
the  inhabitants  of  their  respective  towns  and  plantations ;  and,, 
if  the  major  part  of  the  inhabitants  of  their  towns  and  planta* 
tions  disapprove  of  any  particular  part  of  the  same,  that  they^ 
be  desired  to  state  their  objections  distinctly,  and  the  reasons 
for  the  same  ; — and  the  Selectmen  or  Committees  aforesaid 
are  desired  to  transmit  the  same  to  the  Secretary  of  the  Con- 
vention, on  the  first  Wednesday  in  June,  or,  if  may  be,  by  the 
last  Wednesday  in  May,  in  order  to  his  laying  the  same  before  » 
Committee,  to  be  appointed  for  the  purpose  of  examining  and 
arranging  them,  for  the  revision  and  consideration  of  the  Con- 
vention, at  the  adjournment,  with  the  number  of  the  voters  in 
the  said  towns  and  plantations'  meetings,  who  voted  on  each 
side  of  every  question,  in  order  that  the  said  Convention,  at 
the  adjournment,  may  collect  the  general  sense  of  their  con- 
stituents, on  the  several  parts  of  the  proposed  Constitution  ; 
and,  if  there  doth  not  appear  to  be  two  thirds  of  their  constit- 
uents in  favour  thereof,  that  the  Convention  may  alter  it  in  siich 
a  manner  as  may  be  agreeable  to  the  sentiments  of  two  thirds 
of  the  voters  of  the  State."     (P.  Q.) 


156 

It  was  moved,  and  seconded,  that  the  Address  be  recom- 
mitted.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned.     Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  to-morrow 
morning,  9  o'clock. 


Wednesday  Morning,  1st  March. 

Met  according  to  adjournment. 

The  Rev.  Mr.  Stillman  was  introduced,  and  prayed  with  the 
Convention. 

The  Committee  on  the  future  revision  of  the  Constitution  by 
the  People,  when  established,  made  report,  which  being  read, 
[is]  as  follows  : 

"  In  order  to  recur  the  more  effectually  to  the  principles  of 
the  Constitution,  and  to  correct  those  violations  which,  by  any 
means  may  be  made  in  it,  as  well  as  to  form  such  alterations  as 
from  experience  shall  be  found  necessary,  it  is  recommended  to 
the  inhabitants  of  this  State,  in  twenty  years  from  the  time 
when  the  present  Form  of  Government  shall  be  established,  to 
appoint  a  Convention  of  Delegates  for  that  purpose,  to  be  cho- 
sen by  their  respective  towns  in  the  same  manner  and  propor- 
tion with  their  Representatives  in  the  General  Assembly,  always 
remembering  that  the  Delegates  so  to  be  chosen,  as  they  derive 
their  authority  from  the  People,  are  to  be  accountable  to  them, 
and  to  them  only,  for  the  faithful  discharge  of  their  duty." 

When  it  was  agreed  to  take  the  report  into  consideration  in 
paragraphs. 

The  1st  as  far  as  "  necessary,"  being  read  ;  when,  after  the 
word  "  made"  being  inserted,  the  same  was  accepted. 

The  2d  being  read,  and  an  amendment  having  been  proposed 
and  acceded  to,  of  the  substitution  of  a  paragraph,  in  lieu  of 
the  second  and  last,  the   same   was   read   and  considered,  viz  : 

That    the    General    Court,    vvhich     shall   be   in    the   year 

recommend  to  the  inhabitants  of  the  several 

towns  through  the  State,  to  meet  together,  to  consider  of  such 


157 

revision,  in  order  to  amendments.  And,  if  it  shall  appear  thai 
a  majority  of  the  whole  number  of  the  inhabitants  shall  be  in 
favor  of  such  a  revision,  they  recommend  to  the  inhabitants  afore- 
said to  appoint  delegates,  &c,"  to  the  end. 

When  it  was  moved,  and  seconded,  to  fill  up  the  blank  with 
the  words  "  in  the  year  1800."  Which,  being  put,  passed  in 
the  negative. 

It  was  then  moved,  and  seconded,  that  the  blank  be  filled  up 
with  the  words  "  in  the  year  seventeen  hundred  and  ninety 
five."     Which,  being  put,  passed  in  the  affirmative. 

The  2d  clause,  as  far  as  "  amendments,"  was  read,  and  ac- 
cepted. 

It  was  moved,  and  seconded,  that  the  following  words,  viz : 
"  that  they  issue  precepts,  &c."  be  substituted  in  lieu  of  the 
words  "  that  they  recommend."  Which,  being  put,  was  passed 
in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  the  said 
Delegates  in  the  same  manner  and  proportion  as  their  Repre- 
sentatives in  General  Assembly,"  be  inserted.  Which,  be- 
ing put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  words  "  always 
remembering,  &c."  to  the  end  of  the  first  report,  be  expunged. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  to  reconsider  the  last  vote. 
Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  words  "  two 
thirds,"  be  substituted  in  lieu  of  the  words  "  the  majority,"  in 
the  last  clause.     Which,  being  put,  passed  in  the  negative. 

A  previous  motion  was  made,  and  seconded,  that  the  words 
"  inhabitants  of  such  town  and  plantation,"  be  substituted  in 
lieu  of  "  the  inhabitants."  Which,  being  put,  passed  in  the 
affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned.     Which,  being  put,  passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned  to  3  o'clock, 
P.  M. 

Wednesday  P.  J\L  3  o'clock.     Met  according  to  adjournment. 

The  Committee  appointed  to  consider  of   the   number   of 

21 


158 

books  of  the  Constitution,  necessary  to  be  printed,  and  the 
proportion  and  manner  in  which  the  same  shall  be  distributed, 
reported,  that  fifteen  hundred  be  printed,  and  that  they  be  dis- 
tributed by  three  expresses,  employed  at  the  public  expense ; 
whereupon,  on  a  motion  made,  and  seconded, 

footed,  That  eighteen  hundred  books  be  printed,  and  dis- 
persed in  the  manner  prescribed  in  the  report,  under  the  direc- 
tion of  a  Committee  to  be  appointed  for  that  purpose. 

On  a  motion  made,  and  seconded. 

Voted,  That  each  Delegate  to  this  Convention  be  furnished, 
by  the  Committee  to  be  appointed,  with  one  book. 

On  a  motion  made,  and  seconded. 

Voted,  That  a  Committee  of  three  persons  be  appointed  and 
empowered  to  distribute  the  books  to  the  several  towns  and 
plantations,  in  such  numbers  to  each  as  they  may  think  proper. 

A  nomination  being  called  for,  the  following  persons  were 
appointed,  viz  :  Mr.  Barrett, 

Mr.  Wendell,  and 
Mr.  Gray. 

On  a  motion  made,  and  seconded, 

Voted,  That  the  Committee  last  appointed  be  empowered  to 
employ  three  expresses,  for  distributing  the  books  aforesaid 
through  the  State. 

The  report  of  incompatibility,  was  then  read,  and  consid- 
ered, (N)  when  [t|ie]  same,  after  expunging  and  restoring  the 
clause  respecting  the  Justices  of  the  Superior  Court  being  Jus- 
tices through  the  State,  was  accepted. 

It  was  then  on  motion  made,  and  seconded, 

Voted,  That  the  Committee  on  publishing  and  dispersing  the 
books  of  the  Constitution  be  augmented,  and  that  the  President 
and  Mr.  Adams,  be  added,  also  that  [the]  Committee  supervise 
the  same,  and  make  such  alterations  in  clerkship  and  arrange- 
ment as  to  them  shall  appear  necessary. 

On  a  motion  made,  and  seconded. 

Voted,  That  two  gentlemen  be  added  to  the  Committee  on 
exclusion  and  incompatibility. 

A  nomination  being  called  for, 
Mr.  Paine,  and 
Gen.  Danielson,  were  appointed. 


169 

The  Committee  on  completing  the  Constitution  in  Conven- 
tion, reported,  (P)  which  being  largely  debated,  the  same  was 
recommitted,  and  the  Rev.  Mr.  Clarke  added  to  the  Com- 
mittee. 

The  Convention  then  resumed  the  Address,  which  being 
read,  it  was  considered  in  two  parts. 

The  exordium  being  read,  the  same  was  accepted. 

The  remainder  of  the  Address  being  read,  the  same  was  amen- 
ded in  sundry  places,  as  appears  on  the  original  report,  and  ac- 
cepted. 

The  whole  Address  was  then  put,  and  accepted. 

It  was  then  moved,  and  seconded,  that  the  same  number  of 
copies  of  the  Address  be  printed,  as  of  the  Form  of  Govern- 
ment, and  accompany  the  same,  and  be  signed  by  the  Presi- 
dent.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  that  part  of  the  re- 
port of  the  Committee  on  the  future  revision  of  the  Commit- 
tee [Constitution,]  viz  :  "  If  it  shall  appear  that  a  majority  of 
the  whole  numbers  of  the  inhabitants  shall  be  in  favor  of  such 
revision,"  be  reconsidered.  Which,  being  put,  passed  in  the 
affirmative. 

It  was  moved,  and  seconded,  that  the  following  words  be  in- 
serted in  lieu  thereof,  viz  :  •'  That  if  two-thirds  of  the  male  in- 
habitants, being  21  years  of  age,  and  upwards,  so  convened  in 
such  towns  and  plantations,  shall  be  in  favor  of  such  revision." 

Which  motion  was  superseded  [by]  a  motion  made,  and  sec- 
onded, that  the  whole  report  be  reconsidered  and  committed. 
Which,  being  put,  passed  in  the  affirmative. 

On  a  motion  made,  and  seconded, 

Voted,  That  the  Committee  consist  of  three. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  :  Doct.  Jarvis, 

Rev.  Mr.  Haven,  and 
The  Hon.  Judge  Sewall. 

On  a  motion  made,  and  seconded, 

Voted,  to  adjourn  ;  and  the  Convention  was  accordingly  ad- 
journed to  to-morrow  morning,  9  o'clock. 


160 


(N)  Report  on  incompatibility  of  Offices,  accepted  March  1. 

No  Governor,  Lieutenant  Governor,  or  Judge  of  the  Supreme 
Judicial  Court,  shall  hold  any  other  office  or  place  under  the 
authority  of  this  Commonwealth,  except  such  as  by  this  Con- 
stitution they  are  admitted  to  hold,  saving  that  the  Judges  of 
the  said  Court  may  hold  the  office  of  Justices  of  the  Peace 
through  the  State,  nor  shall  they  hold  any  other  office  or  place, 
or  receive  any  pension  or  salary  from  any  other  State,  or  Gov- 
ernment, or  Power,  whatever. 

No  person  shall  be  capable  of  holding  or  exercising,  at  the 
same  time,  more  than  one  of  the  following  offices,  within  this 
State,  viz  :  Judge  of  Probate,  Sheriff,  Register  of  Probate,  or 
Register  of  Deeds,  and  never  more  than  any  two  offices,  which 
are  to  be  held  by  appointment  of  the  Governor,  or  the  Gov- 
ernor and  Council,  or  the  Senate  or  House  of  Representatives, 
or  by  the  election  of  the  People  of  the  State  at  large,  or  of  the 
People  of  any  County,  Military  offices  and  the  office  of  Justices 
of  the  Peace  excepted,  shall  be  held  by  one  person. 


Thursday  Morning,  2  March. 

Met  according  to  adjournment. 

The  Committee  on  the  perfecting  the  Constitution  made  re- 
port.    Which,  was  considered  in  paragraphs,  and  rejected. 

Report  on  perfecting  the  Constitution,  in  addition  to  the  last 
resolves  (P  Q.)     Rejected. 

"  And  our  Constituents  are  requested  to  instruct  their  dele- 
gates what  further  measures  they  would  have  them  take,  in 
order  that  a  Constitution  of  Government  may  be  perfected  and 
ratified. 

And  the  good  people  of  this  State  are  desired  to  attend  as 
universally  as  may  be,  to  this  interesting  subject,  that  there  may 
be  as  full  a  return  as  possible,  at  the  time  above  mentioned. 

The  mode  of  obtaining  which  is  submitted  to  the  good  sense 
of  the  inhabitants  of  the  several  towns  and  plantations  through 
the  State." 


161 

It  was  then  moved,  and  seconded,  that  it  is  the  sense  of  this 
Convention,  that  a  proposal  be  made  to  our  constituents,  that 
they  instruct  their  present  delegates,  or  such  other  as  they  may 
appoint,  to  perfect  and  ratify  the  Constitution  sent  out  to  them 
after  receiving  and  acting  upon  their  sense  of  it,  as  expressed 
in  the  returns  which  shall  be  made  thereof. 

It  was  also  moved,  and  seconded,  that  in  case  it  should  ap- 
pear that  two  thirds  of  our  constituents  should  agree  to  the 
Constitution  sent  out  to  them,  it  shall  be  returned  to  this  Con- 
vention, who  shall  be  empowered  to  ratify  and  confirm  the 
same. 

It  was  then  moved,  and  seconded,  that  it  be  recommended 
to  our  constituents,  that  in  case  it  shall  appear  by  the  returns 
that  two  thirds  should  not  be  united  in  their  approbation  of  the 
Constitution,  when  laid  before  them,  to  consider  whether  it 
would  not  be  expedient  to  empower  their  present  delegates,  or 
such  other  as  they  may  think  fit  to  appoint,  to  adjust  the  opin- 
ions and  objections,  which  shall  appear  on  the  several  returns, 
so  as  to  render  it  conformable  to  the  general  sense  of  the  Peo- 
ple ;  and  then  to  return  it  to  the  General  Assembly  ratified,  in 
order  that  they  may  appoint  a  time  when  the  same  shall  be  in 
force  as  the  Constitution  of  the  Commonwealth. 

It  was  also  moved,  and  seconded,  that,  in  case  it  should  appear 
that  two  thirds  of  our  constituents  should  not  agree  to  accept 
the  Constitution,  the  Convention  consider  the  objections,  and 
return  the  same  to  them  for  their  further  order  on  the  same ; 
which  motions  were  severally  superseded,  when,  on  a  motion 
made  and  seconded,  it  was 

Footed,  That  it  be  recommended  to  the  People  of  the  State 
to  institute  a  Convention,  to  confirm  and  ratify  the  Constitu- 
tion which  this  Convention  may  agree  upon,  and  that  a  Com- 
mittee be  appointed  to  bring  in  a  resolve,  in  addition  to  the 
resolves  which  were  yesterday  accepted,  and  that  the  Com- 
mittee consist  of 'three.  A  nomination  being  called  for,  the 
following  gentlemen,  viz : 

Judge  Sullivan, 
Mr.  Lowell,  and 
Mr.  Paine,  were  appointed. 
The  Committee  appointed  to  reconsider  the  report  on  the  fu- 


162 

ture  revision  of  the  Constitution  which  may  be  agreed  upon, 
made  report  (S)  of  a  new  draught,  which,  being  read,  it  was 
moved,  and  seconded,  that  the  words  "  seventeen  hundred  and 
ninety,"  be  substituted  in  lieu  "  of  seventeen  hundred  and  ninety 
five."  Which,  being  put,  passed  in  [the]  negative. 
It  was  then,  on  a  motion,  made  and  seconded. 
Voted,  To  adjourn,  and  the  Convention  accordingly  ad- 
journed, to  3  o'clock,  P.  M. 

Thursday  P.  M.  2d  March.     Met  according  to   adjournment. 

It  was  moved,  and  seconded,  that  the  vote  empowering  a  Com- 
mittee to  supervise  the  report  of  the  form  of  Constitution  as 
amended,  and  to  make  such  alterations,  in  clerkship  and  arrang- 
ment,  as  they  may  think  necessary,  and  to  send  the  same  out 
as  the  doings  of  the  Convention,  be  reconsidered  so  far  as  that 
an  adjournment  may  take  place,  at  which  the  said  Committee 
shall  report  the  said  alterations  and  arrangement.  Which,  being 
put,  passed  in  the  negative. 

The  Secretary  was  then  desired  to  lay  before  the  Convention 
such  votes  and  amendments  as  have  taken  place  in  the  report  of 
the  General  Committee,  and  such  miscellaneous  articles  as  may 
have  been  agreed  upon  by  votes  of  the  Convention. 

On  a  motion,  made  and  seconded,  the  Committee  on  the 
5th  article,  2d  section,  3d  chapter,  was  dismissed. 

The  report  of  the  Committee  on  the  future  revision  of  the 
Constitution  was  resumed  and  considered  (S.)  Which,  being 
then  put,  was  accepted. 

The  Committee  on  "  Subjects,"  reported  that  they  think  it  ad- 
visable to  leave  the  matter  to  the  future  Legislature. 

The  Committee  on  marching  the  Militia  reported  in  addition 
to  the  8th  article,  1st  section,  3d  chapter  (T.)  Which,  being 
read,  was  accepted. 

The  Committee  for  completing  the  resolves  relative  to  com- 
pleting the  Constitution  by  the  Convention  made  report.  (P  Q) 
Which  was  accepted. 

The  Committee  on  incompatibility  further  report  that  the  fol- 
lowing, (viz.  W)  be  inserted  in  the  miscellaneous  chapter,  and 
the  2d  article,  5th  chapter,  expunged. 


163 

The  report  of  the  Committee  on  the  qualifications  of  members 
of  Congress  was  considered,  and,  on  a  motion,  made  and  secon- 
ded, the  same  was  rejected. 

Moved,  and  seconded,  that  the  words  '•  saving  that  the  Justices 
of  the  said  Court  may  hold  the  office  of  Justice  of  the  Peace 
through  the  State,"  be  expunged  from  the  report  of  incompati- 
bility accepted  yesterday  afternoon.  Which,  being  put,  passed 
in  the  negative. 

It  was  moved,  and  seconded,  that  the  President  be  directed  to 
sign  the  Constitution  and  Address,  when  arranged  by  the  Com- 
mittee in  order  to  publication.  Which,  being  put,  the  same 
passed  m  the  affirmative. 

It  was  moved,  and  seconded,  that  this  form  of  Government 
shall  be  enrolled  on  parchment,  and  deposited  in  the  Secretary's 
Office,  and  be  a  part  of  the  laws  of  the  land ;  and  printed 
copies  thereof  be  prefixed  to  the  book  containing  the  laws  of  the 
Commonwealth,  in  all  future  editions  of  the  said  laws  (V.) 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  report  of  the  Com- 
mittee on  exclusion  and  incompatibility  be  accepted,  and  stand 
in  the  miscellaneous  chapter.  Which,  being  put,  the  same  was 
accepted. 

It  was  on  a  motion,  made  and  seconded, 

Voted,  That  a  Committee  be  appointed  to  return  the  thanks 
of  the  Convention  to  gentlemen  of  [the]  Clergy,  who  have 
officiated  as  Chaplains  during  the  session. 

On  a  motion,  made  and  seconded. 

Voted,  That  this  service  be  performed  by  the  same  Commit- 
tee  who  invited  them,  with   the    addition   of   Mr.  Appleton. 

It  was  then,  on  a  motion,  made  and  seconded, 

Voted,  [That]  the  Committee  for  arranging  the  form  of  the 
Constitution  for  the  press,  &c.  be  a  Committee  to  provide  a 
place  at  which  the  Convention  shall  meet  in  Boston,  at  the  ad- 
journment. 

It  was  then  moved  and  seconded,  that  the  Convention  be 
now  adjourned  for  a  recess.  Which,  being  put,  passed  in  the 
affirmative. 

And  the  Convention  was  accordingly  adjourned  to  the  first 
Wednesday  in  June,  then  to  meet  at  Boston,  at  10  o'clock,  A.M. 


164 

(P  Q)  Report  of  the  Committee  on  finishing  the  Constitu- 
tion that  [the]  following  be  added  to  the  Resolves,  accepted  29 
Feb. 

Resolved,  That  it  be  recommended  to  the  inhabitants  of  the 
several  towns  and  plantations  in  this  State,  to  empower  their 
Delegates,  at  the  next  session  of  the  Convention,  to  agree  up- 
on a  time  when  this  Form  of  Government  shall  take  place, 
without  returning  the  same  again  to  the  People.  Provided, 
that  two  thirds  of  the  male  inhabitants  of  the  State,  of  twenty 
one  years  of  age  and  upwards,  voting  in  town  meeting,  shall 
agree  to  the  same ;  the  Convention  shall  conform  it  to  the  gen- 
eral sense  of  the  people  as  aforesaid. 

Resolved,  That  the  towns  and  plantations  of  this  State  have  a 
right  to  choose  other  Delegates,  instead  of  the  present  members, 
to  meet  in  this  Convention  on  the  first  Wednesday  in  June  next, 
if  they  see  fit. 

(P.)  The  Committee  appointed  to  consider  of  the  expediency 
of  a  proposal  to  be  made  to  our  constituents  of  some  mode  for 
completing  the  Constitution  in  this  Convention,  reported  the  fol- 
lowing, in  lieu  of  the  last  paragraph  of  the  report  accepted  29th 
ult. 

[Superseded  by  the  above.) 

And  inasmuch  as  the  Convention  wish  nothing  more  ardently, 
than  that  this  important  work  may  be  speedily  completed,  to  the 
satisfaction  of  the  good  people  of  this  State,  and  doubt  not 
their  concurrence  in  the  same  wish ;  and  as  the  People,  with 
whom  alone  is  the  power  of  confirming  it,  for  want  of  opportu- 
nity of  conversing  with  each  other  through  this  extensive  State, 
cannot  act  uniformly,  unless  some  plan  is  offered  to  their  con- 
sideration, it  is  further  resolved,  that  it  be  proposed  to  our  con- 
stituents, that,  if  two  thirds  of  the  People  acting  upon  this  form 
of  Government,  should  instruct  their  delegates,  upon  the  adjourn- 
ment of  the  Convention,  to  declare  all  such  articles  as  two  thirds 
of  the  people  should  approve  to  be  established,  and  to  amend 
such,  if  any,  as  shall  not  be  so  approved,  so  as  to  conform  the 
same,  as  near  as  may  be,  to  the  sentiments  of  the  people  ap- 
pearing upon  the  returns,  and  to  confirm  the  same  ;  that  in 
such  case,  this  form  of  Government  may  be  confirmed  accord- 
ingly by  the  Convention,  and  a  time  fixed  when  the  same  shall 


166 

be  established  and  be  in  force  as  the  Constitution  of  the  Com* 
monwealth  of  Massachusetts. 

And  the  good  People  of  this  State  are  earnestly  desired  to 
attend  as  universally  as  may  be  to  this  interesting  subject,  that 
there  may  be  as  full  a  return  of  their  sentiments  as  possible  at 
the  time  above  appointed. 

(S.)  Report  on  the  future  revision  of  the  Constitution,  ac- 
cepted 2d  March. 

"  In  order,  the  more  effectually  to  adhere  to  the  principles 
of  the  Constitution,  and  to  correct  those  violations,  which,  by 
any  means,  may  be  made  therein,  as  well  as  to  form  such  alter- 
ations as,  from  experience,  shall  be  found  necessary,  the  Gene- 
ral Court,  which  shall  be  in  the  year  of  our  Lord  1795,  shall 
issue  precepts  to  the  Selectmen  of  the  several  Towns,  and  to 
the  Assessors  of  the  unincorporated  Plantations,  directing  them 
to  convene  the  qualified  voters  of  their  respective  towns  and 
plantations,  for  the  purpose  of  collecting  their  sentiments  on 
the  necessity  or  expediency  of  revising  the  Constitution  in 
order  to  amendments. 

And,  if  it  shall  appear  by  the  returns  made,  that  two  thirds 
of  the  qualified  voters  throughout  the  State,  that  shall  assemble 
and  vote  in  consequence  of  the  said  precepts,  are  in  favour  of 
such  revision  or  amendment,  the  General  Court  shall  issue  pre- 
cepts, or  direct  them  to  be  issued  from  the  Secretary's  office,  to 
the  several  towns,  to  elect  Delegates  to  meet  in  Convention  for 
the  purpose  aforesaid. 

The  said  Delegates  to  be  chosen  in  the  same  manner  and 
proportion  as  their  Representatives  in  the  second  Branch  of  the 
Legislature  are,  by  this  Constitution,  to  be  chosen." 

(W)  Report  of  the  Committee  on  exclusion  and  incompati- 
bility, accepted  March  1st. 

No  person  holding  the  office  of 

Justice  of  the  Supreme  Judicial  Court,  of 

Secretary, 

Attorney  General, 

Solicitor  General, 

Treasurer, 

Commissary  General, 

President,  Professor,  or  Instructor  of  Harvard  College, 

22 


166 

Judge  of  Probate,  ■  \, 

Sheriff, 

Clerk  of  the  House  of  Representatives, 

Clerk  of  the  Superior  Court,  and  of  the 

Inferior  Court  of  Common  Pleas, 

Register  of  Probate, 

Register  of  Deeds,  or 

Officers  of  the  Customs,  including  in  this  descrip- 
tion Naval  Officers,  shall  at  the  same  time  have  [a]  seat  in  the 
Senate  or  the  House  of  Representatives ;  but  their  being  chosen, 
and  accepting  the  same,  shall  operate  as  a  resignation  of  their 
seat  in  the  Senate  or  the  House  of  Representatives ;  and  the 
place  so  vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  in  case  any  Justice  of  the 
said  Supreme  Judicial  Court,  or  Judge  of  Probate,  shall  accept 
a  seat  in  Council,  or  any  Counsellor  shall  accept  of  either  of 
those  offices. 

(C.)  Report  of  the  Committee  on  the  1 1th  article,  3d  chapter, 
1st  section,  on  the  choice  of  Militia  Officers  and  their  appoint- 
ment by  the  Governor. 

*'  The  Captains  and  Subalterns  of  the  Militia  shall  be  elected 
by  the  Train-band  and  Alarm  Lists  of  their  respective  Compa- 
nies, of  twenty  one  years  of  age  and  upwards.  The  Field  Offi- 
cers shall  be  elected  by  the  written  votes  of  the  Captains  and 
Subalterns  of  their  respective  Regiments.  The  Brigadiers  shall 
be  elected  in  like  manner  by  the  Field  Officers  of  their 
respective  Brigades,  and  such  Officers,  when  so  elected,  shall 
be  commissioned  by  the  Governor,  who  shall  determine  their 
rank. 

The  Legislature  shall,  by  standing  laws,  direct  the  time  and 
manner  of  convening  the  electors,  of  collecting  votes,  and  of 
certifying  to  the  Governor  the  Officers  elected. 

The  Major  Generals  shall  be  appointed  by  the  Senate  and 
House  of  Representatives,  each  having  a  negative  on  the  other, 
and  be  commissioned  by  the  Governor. 

And  if  the  electors  of  Brigadiers,  Field  Officers,  Captains  and 
Subalterns  shall  neglect  or  refuse  to  make  such  elections,  after 
being  duly  notified  according  to  the  laws  for  the  time  being. 


then  the  Governor,  with  advice  of  Council,  shall  appoint  suitable 
persons  to  fill  such  offices. 

And  no  Officer,  duly  commissioned  to  command  in  the  militia, 
shall  be  removed  from  his  office  but  by  the  address  of  both 
Houses  to  the  Governor,  or  by  fair  trial  in  Court  Martial,  pursu- 
ant to  the  laws  of  the  Commonwealth  for  the  time  being. 

The  Commanding  Officers  of  Regiments  shall  appoint  their 
Adjutants  and  Quarter  Masters,  the  Brigadiers  their  Brigade 
Majors ;  and  the  Major  Generals  their  Aids ;  and  the  Governor 
shall  appoint  the  Adjutant  General. 

The  Governor,  with  advice  of  Council,  shall  appoint  all  Offi- 
cers of  the  Continental  Army,  whom,  by  the  Confederation  of 
the  United  States,  it  is  provided  that  this  Commonwealth  shall 
appoint,  and  also  all  Officers  of  forts  and  garrisons. 

The  Divisions  of  the  Militia  into  Brigades,  Regiments  and 
Companies,  made  in  pursuance  of  the  militia  laws  now  in  force, 
shall  be  considered  as  the  proper  Divisions  of  the  Militia  of  this 
Commonwealth,  until  the  same  shall  be  altered  in  pursuance  of 
some  future  law."     Accepted. 

(E)  Report  on  the  qualifications  of  members  of  Congress. 
Rejected. 

*'  No  person  shall  be  chosen  a  Delegate  to  Congress  from 
this  Commonwealth,  unless,  at  the  time  of  his  election,  he  shall 
be  seized  in  his  own  right  of  a  freehold,  of  the  value  of  three 
hundred  pounds  at  the  least,  within  the  same,  and  unless  he  is 
a  native  of  this  or  some  other  of  the  thirteen  United  States  ; 
and  a  subject  of  this  and  a  resident  within  the  same  at  least 
seven  years  next  preceding  his  election. 

And  whenever  a  member  of  the  Senate  or  House  of  Re- 
presentatives shall  be  chosen  a  Delegate  to  Congress,  his  seat 
shall  be  vacated,  and  a  precept  issued  to  the  district  or  town, 
which  he  may  represent,  as  the  case  may  be,  to  choose  a  new 
member." 

(F)  Report  of  the  Committee  on  the  choice  of  Counsellors. 
Rejected. 

"  Nine  Counsellors  shall  be  chosen,  on  the  first  meeting  of 
the  General  Court,  by  the  joint  ballot  of  the  Senators  and  Re» 
presentatives  assembled  in  one  room  ;  who  shall  hold  their  pla- 
ces during  good  behaviour,  but  subject  to  impeachment  before 
\  the  Senate  for  misconduct  or  mal-administration  in  the  Offices. 


168 

And  in  case  of  a  vacancy  happening  in  the  Council  by  death, 
or  otherwise,  such  vacancy  shall  be  filled  in  like  manner,  by 
the  Senators  and  Representatives. 

If  a  Senator  be  chosen  into  the  Council  and  accept  the  trust, 
his  seat  shall  be  vacated  in  the  Senate,  and  his  place  supplied 
in  the  same  manner  as  if  there  had  been  a  non-election  by  the 
People.  And  if  a  Representative  be  chosen  and  accept  the 
trust,  his  seat  shall  be  vacated,  and  a  w^rit  shall,  by  the  Speaker, 
be  issued  to  the  town  he  represents  to  supply  his  place. 

(H)  The  Report  of  the  Committee  on  the  suspension  of  the 
Habeas  Corpus  act  in  certain  cases  and  for  a  limited  time. 
Rejected. 

(6th  article,  5th  chapter,  45th  page  of  the  printed  report) 
viz: 

"That  the  words  following  "Legislature,"  in  the  said  article 
be  ejfpunged,  and  the  following  be  substituted  in  lieu  thereof, 
viz : 

"  Except  in  a  time  of  war,  invasion  or  rebellion,  or  when  the 
Legislature  have  previously  declared  that  there  is  immediate 
danger  of  a  war,  invasion  or  rebellion,  and  then  only  as  to  such 
persons  who  shall  be  charged  with  being  in  the  interest  of  the 
enemy,  or  in  a  conspiracy  against  the  State  ;  and  in  such  cases 
the  suspension  shall  never  operate  with  respect  to  any  person 
for  a  longer  time  than  forty  days,  nor  with  respect  to  any  one, 
who  has  been  liberated  on  such  writ,  until  twenty  days  at  the 
least,  after  such  liberation,  and  then  by  act  so  conceived  that 
no  person  shall  be  liable  to  be  held  in  prison  longer  than  for 
the  space  of  twelve  months,  without  being  legally  charged  with 
some  crime,  nor  shall  any  person  liberated  by  such  writ  be, 
within  forty  days  after  his  liberation,  again  committed,  but  on 
some  certain  and  legal  charge  expressed  in  the  warrant  of 
comrpitment." 

In  Convention. — March  2,  1780. 

Resolved,  That  this  Convention  be  adjourned  to  the  first 
Wednesday  in  June  next,  to  meet  at  Boston  ;  and  that  eighteen 
hundred  copies  of  the  Form  of  Government,  which  shall  be 
agreed  upon,  be  printed  ;  and  including  such  as  shall  be  order- 
ed to  each  Member  of  the  Convention,  be  sent  to  the  Select- 


169 

men  of  each  Town,  and  the  Committees  of  each  Plantation,  un- 
der the  direction  of  a  Committee  to  be  appointed  for  the  pur- 
pose :  And  that  they  be  requested,  as  soon  as  may  be,  to  lay 
them  before  the  Inhabitants  of  their  respective  Towns  and  Plan- 
tations. And  if  the  major  part  of  the  Inhabitants  of  the  said 
Towns  and  Plantations  disapprove  of  any  particular  part  of  the 
same,  that  they  be  desired  to  state  their  objections  distinctly, 
and  the  reasons  therefor  :  And  the  Selectmen  and  Committees 
aforesaid  are  desired  to  transmit  the  same  to  the  Secretary  of 
the  Convention,  on  the  first  Wednesday  in  June,  or  if  may  be, 
on  the  last  Wednesday  in  May,  in  order  to  his  laying  the  same 
before  a  Committee,  to  be  appointed  for  the  purpose  of  examin- 
ing and  arranging  them  for  the  revision  and  consideration  of 
the  Convention  at  the  adjournment ;  with  the  number  of  voters 
in  the  said  town  and  plantation  meetings,  on  each  side  of  every 
question  ;  in  order  that  the  said  Convention,  at  the  adjournment, 
may  collect  the  general  sense  of  their  constituents  on  thd  seve- 
ral parts  of  the  proposed  Constitution  :  And  if  there  doth  not 
appear  to  be  two  thirds  of  their  constituents  in  favour  thereof, 
that  the  Convention  may  alter  it  in  such  a  manner  as  that  it  may 
be  agreeable  to  the  sentiments  of  two  thirds  of  the  voters 
throughout  the  State. 

Resolved,  That  it  be  recommended  to  the  Inhabitants  of  the 
several  towns  and  plantations  in  this  State,  to  empower  their 
Delegates,  at  the  next  Session  of  this  Convention,  to  agree  upon 
a  time  when  this  Form  of  Government  shall  take  place,  without 
returning  the  same  again  to  the  people  :  Provided,  That  two 
thirds  of  the  male  Inhabitants  of  the  age  of  twenty  one  years 
and  upwards,  voting  in  the  several  town  and  plantation  meet- 
ings, shall  agree  to  the  same,  or  the  Convention  shall  conform  it 
to  the  sentiments  of  two  thirds  of  the  People  as  aforesaid. 

Resolved,  That  the  Towns  and  Plantations  thro'  this  State 
have  a  right  to  choose  other  Delegates,  instead  of  the  present 
members,  to  meet  in  Convention  on  the  first  Wednesday  in 
June  next,  if  they  see  fit. 

A  true  Copy,     Attest. 

SAMUEL  BARRETT,    Secretary. 


170 


[TAe  Address  of  the    Convention  to  the  People  is  placed  in  the 
Appendix  to  this  Volume~\ 


Boston,  7th  June,  1780. 
Meeting  House  in  Brattle  Street. 

Met  according  to  adjournment. 

"Returns  from  several  Towns  and  Plantations,  of  their  proceed- 
ings upon  the  Form  of  Government,  submitted  to  their  revision, 
being  produced,  on  a  motion,  made  and  seconded,  it  was 

Tooted,  That  one  or  more  Committees  be  appointed  to  revise 
and  arrange  the  same,  and  such   others  as  may  be  brought  in 
and  report  the  state  of  the  same  at  the  adjournment. 
On  a  motion,  made  and  seconded. 

Voted)  [That]  one  Committee  to  consit  of  five  be  appointed 
for  this  purpose. 

It  vi^as  then  moved,  and  seconded,  that  the  last  vote  be  so 
far  reconsidered,  as  that  the  number  be  augmented  to  nine. 
Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  :      The  Hon.  Mr.  Adams, 
The  Hon.  Mr.  Paine, 
Major  Osgood. 
Which  gentlemen  were   at  their  request  severally  excused, 
when,  on  a  motion,  made  and  seconded,  it  was 

Voted,  to  reconsider  the  last  vote,  so  far  as  to  reduce  the 
number  to  five. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  :       Mr.  Storer, 
Mr.  Gray, 
Mr.  Barrett, 

Mr.  Cotton,  (who  being  at  his  request  ex- 
cused, the  Convention  proceeded  to  appoint 
Mr.  Appleton,)  and 

Mr.   Shute,    a    Committee    for    the   above 
purpose. 


Mendon, 

do. 

Dracut, 

Middlesex, 

Lanesboro', 

Berkshire, 

Norton, 

Bristol, 

Rehoboth, 

do. 

Falmouth, 

Cumberland, 

Granby, 

Hampshire, 

Hadley, 

do. 

171 

in  the  course  of  the  forenoon,  the  following  gentlemen  pro- 
duced certificates  of  their  appointment  as   Delegates  in  this 
Convention,  and  the  same  being  read  and  approved,  they  took 
their  seats  accordingly,  viz  : 
For  the  town  of 

Harvard,      Worcester  County,    Col.  Josiah  Whitney, 

Mr.  Joseph  Stone, 
Mr.  Edward  Rawson, 
Rev.  Mr.  Nathan  Davis, 
Capt.  Asa  Barnes, 
Capt.  Isaac  Hodges, 
Mr.  Ephraim  Starkweather, 
Brig.  Gen.  J.  Preble, 
Capt.  Phinehas  Smith, 
Mr.  Charles  Phelps. 
A  motion  was  made,  and  seconded,  that  previous  to  the  sit- 
ting of  the  Committee,  the  several  returns  received  be  read  in 
Convention.     Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  an  addition  of  seven 
be  made  to  the  Committee  aforesaid.  Which,  being  put,  passed 
in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  :  Gen.  Godfrey, 

Mr.  Abbot, 
Mr.  Phelps. 
The  last  gentleman  being  excused,  the  Convention  proceeded 
in  the  nomination,  and  appointed 

The  Hon.  Judge  Sullivan, 
Mr.  Hammond, 
Mr.  Hitchcock, 

Major   Washburn,   who   being   excused, 
the  Convention  appointed 

Mr.  BiscoE,  and 
Mr.  Davis. 
It  was  moved,  and  seconded,   that  the  above  Committee  be 
directed  to  sit  immediately,  and   the  Convention  be  adjourned 
to  to-morrow  afternoon,  3  o'clock.     Which,  being  put,  passed 
in  the  affirmative. 

And  the  Convention  was  adjourned  accordingly. 


172 


Thursday  P.  M.,  Three  o'clock. 

Met  according  to  adjournment. 

The  Committee  appointed  to  revise  and  arrange  the  returns 
hiade  to  the  Convention,  from  the  several  Towns  and  Plantations 
through  the  State,  of  their  proceedings  on  the  Form  of  Gov- 
ernment, submitted  to  their  revision,  beg  leave  to  report  that 
one  hundred  and  forty  seven  towns  have  made  returns. 

That  they  have  examined  seventy  six  of  them  ;  that  in'those 
returns  they  find  the  number  of  persons  present  and  voting  to 
be  5776  ;- — That  the  number  in  favour  [of]  the  Constitution 
without  amendments,  and  of  such  Constitution  as  two  thirds  of 
the  persons  voting  thro'  the  State  shall  agree  to,  or  the  Conven- 
tion shall  form  agreeably  to  the  sentiments  of  two  thirds,  even 
though  the  amendments  proposed  should  not  be  obtained,  they 
find  to  be  4564,  but  that  several  towns  have  returned  their  ac- 
ceptance of  the  Constitution  with  certain  amendments,  and  have 
not  determined  whether  they  would  accept  it  in  case  their^pro- 
posed  amendments  do  not  obtain,  upon  which  they  desire  the 
opinion  of  the  Convention,  whether  they  may  take  the  sense  of 
those  towns  from  their  delegates  ; — and  finally,  that  they  have 
not  as  yet  entered  into  the  merits  of  the  objections  made,  or 
amendments  proposed ;  deeming  it  more  eligible  first  to  go 
through  the  returns,  in  the  manner  aforesaid.  Which  report, 
being  read,  the  last  paragraph  but  one  was  largely  debated. 

During  the  debates  upon  which,  the  following  gentlemen  hav- 
ing produced  credentials  of  their  appointment  as  Delegates  in 
this  Convention,  the  same  were  read,  and  approved,  and  they 
took  their  seats  accordingly,  viz  :     For  the  Town  of 

Littleton,    in     Middlesex  County,   John  Reed,  Esq.    - 


Marlborough, 

do. 

Mr.  Brigham  Winslow, 

Braintree, 

Suffolk, 

Brig.  Gen.  Palmer, 

Swansey, 

Bristol, 

Capt.  John  Richmond, 

Scituate, 

Plymouth, 

Isl.  Vinal,  Esq. 
Col.  John  Jacobs, 
Mr.  Enoch  Collimer, 

Monson, 

Hampshire, 

Mr.  Abel  Goodale, 

New  Braintree, 

Worcester, 

Maj.  Joseph  Bowman, 

173 

Haverhill,  Essex,  Brig.  Gen.  Brickett, 

Stockbridge,       Berkshire,  John  Bacon,  and 

Jehiel  Woodbridge,  Esqrs. 

It  was  then  moved,  and  seconded,  that  an  addition  of  twelve 
be  made  to  the  Committee  for  revising  and  arranging  the  re- 
turns from  the  several  towns,  in  order  to  their  taking  the  num- 
bers voting  for  and  against  every  article  in  the  Declaration  of 
Rights  and  Frame  of  Government,  and  making  as  early  a  report 
as  may  be.     Which,  being  put,  passed  in  the  affirmative. 

A  nomination  being  called  for,  the  following  gentlemen  were 
added  to  the  said  Committee,  viz. 

Mr.  Allen, 

Mr.  Bartlet, 

Gen.  Palmer, 

Mr.  Sumner, 

Mr.  Thatcher, 

Mr.  Cabot, 

Mr.  Small, 

Col.    CUMMINGS, 

Mr.  RoBBiNs, 
Mr.  Jewett, 
Mr.  Reed,  and 

Mr.    CUMMINGS. 

The  Hon.  Judge  Sullivan  being  at  his  request  excused,  the 
Convention  appointed  Col.  Dean  in  his  stead. 

It  was  then  moved,  and  seconded,  that  the  Committee  take 
the  sense  of  the  several  towns  in  such  instances  as  the  same 
shall  be  obscurely  or  dubiously  expressed  in  their  returns,  from 
their  Delegates.     Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  Committee  be 
enjoined  to  sit  immediately,  and  that  the  Convention  adjourn 
for  that  purpose  to  to-morrow  afternoon,  3  o'clock.  Which, 
being  put,  passed  in  the  affirmative,  and  the  Convention  was 
accordingly  adjourned  to  that  time. 


23 


174 


Friday  P.  M.  3  o'clock. 

Met  according  to  adjournment.  When  the  following  gentle- 
men produced  testimonials  of  their  appointment  to  sit  in  Con- 
vention, viz  :     For  the  town  of 

Hancock,         Berkshire  County,  Mr.  Samuel  Hand, 

Royalston,       Worcester,  John  Fry,  Esq. 

Shelburne,      Hampshire,  Capt.  John  Long. 

Col  CuMMiNGs  desiring  leave  to  absent  himself  from  the  Com- 
mittee, and  General  Godfrey  the  same  favour,  on  a  motion, 
made  and  seconded, 

Voted,  That  they  be  excused. 

A  nomination  being  called  for, 

Mr.  March,  and 

Doct.   Sawyer,  were  appointed. 

The  Committee  appointed  to  examine  the  returns  from  the 
several  towns,  respecting  the  Constitution,  reported,  "  That  on 
account  of  the  different  manner  in  which  the  said  returns  are 
made,  they  find  themselves  obliged  to  adopt  an  entire  new  plan. 

That  they  have  divided  into  separate  Committees,  and  have 
been  diligently  employed  in  the  business,  and  expect  to  be  able 
to  report  by  Monday,  at  3  o'clock. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
now  adjourned  to  3  o'clock,  Monday  next. 

It  was  moved,  and  seconded,  that  the  returns  of  the  several 
towns  be  now  read  in  full  Convention. 

It  was  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  Tuesday  morning,  at  10  o'clock. 

The  1st  question  being  put,  passed  in  the  affirmative. 

And  the  Convention  was  adjourned  accordingly,  to  3  o'clock? 
on  Monday  next. 


17^ 

Monday  P.  M.  3  o'clock;  

Met  according  to  adjournment. 

The  Committee  appointed  to  examine  the  returns  from  the 
several  towns,  on  the  Constitution,  reported. 

REPORT. 

The  Committee  appointed  to  examine  the  returns  of  the  sev- 
eral towns,  respecting  the  Form  of  Government,  report.  That 
174  towns  have  made  returns;  that  in  order  to  collect  the  true 
sense  of  the  People,  the  Committee  have  been  obliged  to  make 
a  column  for  every  article,  and  another  for  the  amendment 
proposed,  with  the  numbers  for  and  against  the  same ;  that 
they  have  not  been  able  to  complete  any  one  County,  because 
there  are  towns  in  each  that  have  as  yet  not  made  returns  ; 
but  in  order  that  the  Convention  may  be  made  acquainted  with 
the  manner  in  which  they  have  proceeded,  they  exhibit  the  fol- 
lowing specimen,  viz  : 


176 


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177 

The  Committee  report  the  numbers  on  the  preceding  articles 
only,  because,  so  far  as  they  have  hitherto  examined  them, 
there  appears  to  be  a  very  great  majority  in  favor  of  all  the 
rest,  as  they  stand  in  the  printed  form. 

After  which.  Major  Benjamin  Ely  produced  a  certificate,  as 
evidence  of  his  appointment  to  a  seat  in  Convention,  which, 
being  read,  and  not  objected  to,  he  took  his  seat  accordingly. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned  to  some  distant  day,  for  the  Committee  to  sit  and 
receive  returns,  and  complete  the  business  assigned  them. 

On  a  motion,  made  and  seconded, 

Voted,  That  Mr.  Storer  [be]  excused,  [and]  Mr.  West,  in 
his  stead,  put  on  the  Committee  for  arranging  the  returns,  &c. 

Mr.  Drew,  member  for  Kingston,  proposed  to  make  a  return, 
as  Moderator  of  the  Meeting,  of  the  doings  of  his  constitu- 
ents.    Which,  being  put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  five  gentlemen  be  added 
to  the  Committee.  Which,  being  put,  passed  in  the  affirma- 
tive. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  those  of  whom,  which  were  excused,  being  noted 
against  their  names,  viz  : 

Samuel  A.  Otis,  Esq.  (excused.) 

The  Hon.  Mr.  Greenleaf, 

Mr.  Wells, 

The  Rev.  Mr.  Clarke, 

The  Rev.  Mr.  Haven,  (excused.) 

Samuel  Whitemore,  Esq. 

Mr.  Kimball,  (excused.) 

Doct.  Jarvis,  (excused.) 

Major  Drew,  (excused.) 

Col.  Hallet, 

Rev.  Mr.  Sanford. 

The  motion  for  adjournment  being  resumed,  and  debated,  it 
was  moved,  and  seconded,  that  the  Convention  be  adjourned 
[to]  Wednesday  next,  3  o'clock.  Which,  being  put,  passed  in 
the  negative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 


178 


adjourned    to  3  o'clock,  to-morrow   afternoon.     Which,    being 
put,  passed  in  the   affirmative. 

And  the    Convention  was  accordingly  adjourned. 


Tuesday,  June,  3  o'clock,  P.  M. 

Met  according  to  adjournment. 

Mr.  Benjamin  Garfield  produced  a  certificate  of  his  ap- 
pointment to  represent  the  town  of  Grafton  in  Convention. 
Which,  being  read,  and  not  objected  to,  he  took  his  seat  accor- 
dingly. 

The  Committee  on  the  returns  reported,  that  they  were  ready 
to  make  a  general  report,  in  case  the  Convention  would  limit 
the  time  for  their  receiving  returns,  and  from  thence  give  them 
half  a  day  to  complete  their  accounts.  Which  being  taken 
into  consideration,  it  was  moved,  and  seconded,  that  to-morrow, 
at  1 1  o'clock,  A.  M.  be  the  time  at  which  the  last  returns  to  be 
received  be  entered  in  the  general  account,  and  that  the  Com- 
mittee report  the  same  at  4  o'clock,  to-morrow  afternoon. 
Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned  to  the  last  mentioned  time. 

It  was  moved,  and  seconded,  that  the  vote  for  limiting  the 
time  for  entering  the  returns  to  be  received  on  the  general  ac- 
count and  return,  be  reconsidered,  and  that  this  evening  be 
the  time  limited  for  entering  the  same  on  the  account  or  return, 
to  be  laid  before  the  Convention  at  the  adjournment,  and  that 
the  Committee  make  report  of  the  amount,  as  far  as  received, 
of  the  Pros  and  Cons  on  every  article,  to-morrow,  at  3  o'clock, 
P.  M.     Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned  to  3  o'clock,  to-morrow  afternoon.  Which,  being 
put,  passed  in  the  affirmative. 

And  the  Convention  was  adjourned  accordingly. 


179 

Wednesday  P.  M.   14th. 

Met  according  to  adjournment. 

The  Committee  on  returns,  made  report  (D*)  of  the  General 
Return  of  the  Votes  of  the  People  thro'  the  State,  acting  on 
the  Constitution.  Which,  being  read,  and  some  debate  had 
thereon,  it  was  moved,  and  seconded,  that  the  same  be  recom- 
mitted, in  order  to  the  Committee's  perfecting  the  report. 

The^ Secretary  having  informed  the  Convention  that  he  had 
received  two  returns  since  completing  the  General  Return,  viz  : 
one  from  Springfield  and  one  from  North  Yarmouth  ;  it  was 
moved,  and  seconded,  that  they  be  added  to  the  rest  in  the 
general  return.     Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Convention  be 
adjourned  to  to-morrow  morning,  10  o'clock.  Which,  being 
put,  passed  in  the  affirmative. 

And  the  Convention  was  accordingly  adjourned. 

[Thursday,  June  15.  f] 

Several  returns  being  brought  in,  viz :  from  Shirley,  Franklin, 
and  Wellfleet,  on  a  motion,  made  and  seconded, 

Voted.,  That  a  Committee  be  appointed  to  arrange  the  same 
and  report. 

A  nomination  being  called  for, 

The  Hon.  Mr.  Pickering, 

John  Lowell,  Esq.  and 

The  Hon.  Azor  Orne,  Esq.  were  appointed. 

The  Committee  on  the  General  Return  made  return,  (E) 
which  was  considered,  and  debated  ;  when  it  was  moved,  and 
seconded,  that  the  Convention  go  into  the  consideration  of  the 
3d  article  in  the  Declaration  of  Rights,  in  order  to  determine 
whether  the  same  has,  or  has  not,  been  accepted,  by  two  thirds  of 
the  persons  voting  thereon.  Which,  being  put,  passed  in  the 
affirmative. 

The  same  was  accordingly  fully  examined  into  by  the  Return 
above  mentioned,  when,  on  a  motion,  made  and  seconded, 

Voted,  That  the  Convention  be  adjourned  to  3  o'clock,  P.  M. 
Which,  being  put,  passed  in  the  affirmative. 

And  the  Convention  was  accordingly  adjourned  to  that  time. 

*  None  of  the  Reports  referred  to  in  the  Journal  of  the  adjourned  Ses- 
sion in  June,  are  to  he  found  on  file. 


180 

Thursday  P.  M.  I6th. 

Met  according  to  adjournment. 

The  consideration  of  the  3d  article  aforesaid  being  resumed, 
and  debated,  it  was  moved,  and  seconded,  that  the  Convention 
proceed  to  take  up  the  several  articles  in  the  Constitution  dis- 
tinctly, in  their  order,  and  that  their  sense  be  taken  upon  each. 
Which,  being  put,  passed  in  the  affirmative. 

The  several  articles  in  the  Declaration  of  Rights  and  Frame 
of  Government  were  then  read  separately,  and  the  following 
question  put  upon  each,  viz.  Is  it  your  opinion  that  the  people 
have  accepted  of  this  article  ?  Which,  upon  every  individual 
article,  passed  in  the  affirmative  by  a  very  great  majority. 

It  was  then  moved,  and  seconded,  that  the  sense  of  the  Con- 
vention on  the  Constitution  in  gross  be  taken  by  yeas  and  nays. 
Which,  being  put,  passed  in  the  negative. 

It  was  then  moved,  and  seconded,  that  the  People  of  the 
State  of  Massachusetts  Bay  have  accepted  the  Constitution  as  it 
stands  in  the  printed  form,  submitted  to  their  revision  by  the  Re- 
solves of  2d  March  last.  Which,  being  put,  passed  in  the  affir- 
mative by  a  very  great  majority. 

It  was  moved,  and  seconded,  that  a  Committee  be  appointed 
to  consider  and  report  the  time  and  manner,  in  which  the  new 
Constitution  shall  take  place,  and  to  prepare  a  Resolve  for  that 
purpose.     Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Tooted,  That  the  Committee  consist  of  five. 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,       The  Hon.  Mr.  Pickering,  (excused.) 
Judge  Greenleaf, 
General  Palmer, 
Mr.  Lowell,  (excused.) 
Col.  Orne,  (excused.) 
The  Hon.  Mr.  Wendell, 
Mr.  Cabot,  (excused.) 

The  Rev.  Mr.  West.     When,  on  a  motion,  made 
and  seconded,  it  was 

Voted,  That  an  addition  of  four  be  made  to  the  Committee. 


181 

The  nomination  continuing,  the  following  gentlemen  were  ap- 
pointed, viz.    Col.  Church, 

The  Rev.  Mr.  Chaplin, 
Col.  Keyes, 
Mr.  Wells,  and 

Mr.  WOODBRIDGE. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  to-morrow  morning,  9  o'clock.  Which,  being  put, 
passed  in  the  affirmative. 

The  Convention  was  accordingly  adjourned. 


Friday  Morning,  16th. 

Met  according  to  adjournment. 

The  Delegate  from  Rehoboth  having  produced  certain  papers, 
said  to  be  explanatory  of  the  return  received  from  the  said  town,, 
the  same,  on  a  motion,  made  and  seconded,  was 

Footed,  To  be  read,  but  as  it  soon  appeared  that  they  were  of 
a  private  nature,  it  was  moved,  and  seconded,  that  the  vote  for 
reading  them  be  reconsidered,  and  that  they  be  permitted  to  lie- 
on  the  table.     Which,  being  put,  passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Convention  now  proceed  to  receive  and  act 
upon  the  Report  of  the  Committee  upon  the  time  and  manner 
in  which  the  Constitution  shall  take  place. 

The  Committee  then  reported  the  Resolve.  (G)  Which,  be- 
ing twice  read,  the  same  was  taken  up,  and  considered  in  para- 
graphs. 

The  1st  as  far  as  "March  last,"  being  read,  it  was  on  a  motion, 
made  and  seconded. 

Voted,  That  the  words  ''  of  the  said  Convention"  be  added 
immediately  after  the  word  "  Resolve." 

Sundry  amen'dments  being  proposed,  it  was  moved,  and  sec- 
onded, that  a  question  be  put,  whether  the  Convention  would 
make  any  further  alterations  in  the  paragraph.  Which,  being 
put,  passed  in  the  negative. 

The  paragraph  being  then  put,  as  first   amended,  the  same^ 
was  accepted. 
24 


182 

The  2d  as  far  as  *'  Massachusetts  "  being  read,  was  accepted. 

The  3d  to  the  close  of  the  preamble  was  then  read,  and  ac- 
cepted. 

The  1st  paragraph  of  the  Resolve,  was  then  read,  and  ac- 
cepted. 

The  2d  as  far  as  "  Counsellors  "  was  read,  and  accepted. 

The  3d  as  far  as  "  Representatives,"  Ditto. 

The  4th  as  far  as  *'  the  same,"  Ditto. 

It  was  then  on  a  motion,  made  and  seconded. 

Voted,  to  insert  the  word  "  Plantation  "  in  the  2d  paragraph 
after  the  word   "  Town." 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Report  be  recommitted  in  order  to  perfect- 
ing the  same. 

It  was  then  moved,  and  seconded,  that  the  papers  in  the 
hands  of  the  Secretary,  containing  the  whole  or  any  part  of 
the  proceedings  of  this  Convention,  or  of  the  several  Towns  and 
Plantations  thro'  the  State  on  the  Constitution,  remain  with  him 
until  a  Secretary  shall  be  appointed  for  the  Commonwealth,  un- 
der the  new  Constitution,  and,  that  they  then  be  delivered  by 
him  to  the  said  Secretary,  to  be  deposited  in  his  office. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  Committee  on  the  time  and  manner  of  intro- 
ducing the  Constitution  bring  in  a  clause  expressive  of  the 
time  when  the  same  shall  be  declared  to  take  place. 

It  was  then  moved,  and  seconded,  that  the  Convention  be  ad- 
journed to  three  o'clock,  P.  M.  Which,  being  put,  passed  in 
the  affirmative.  And  the  Convention  was  adjourned  accordingly. 

P.  M,  Three  o^clock.     Met  according  to  adjournment. 

The  Committee  on  the  time  and  manner  of  introducing  the 
new  Constitution,  and  of  its  taking  place  as  the  Government  of 
this  State,  reported  a  new  draught  or  substitute  for  the  same. 
(H)  Which,  being  considered  and  accepted  in  paragraphs, 
was  read  in  whole,  and  accepted. 

It  was  then  moved,  and  seconded,  that  the  President  be  de- 
sired to  sign  the  same  in  the  name  of  the  Convention.  Which, 
being  put,  passed  in  the  affirmative. 

On  a  motion  made,  and  seconded, 


183 

Voted,  That  a  Committee  of  five  be  appointed  to  wait  on  the 
two  Houses  of  [the]  Legislature,  with  an  attested  copy  of  the 
Resolves  aforesaid.  (H) 

A  nomination  being  called  for,  the  following  gentlemen  were 
appointed,  viz  :       The  Hon.  the  President, 
Judge  Greenleaf, 
Gen.  Danielson, 
Ebenezer  Storer,  Esq.  and 
The  Hon.  Oliver  Wendell,  Esq. 

It  was  then  moved,  and  seconded,  that  a  Committee  be  ap- 
pointed to  make  application  to  the  General  Court,  for  payment 
of  the  attendance  and  travel  of  the  members  of  this  Conven- 
tion, out  of  the  Public  Treasury.  Which,  being  put,  passed  in 
the  negative. 

It  was  moved,  and  seconded,  that  a  Committee  be  appointed 
to  wait  upon  some  gentleman  of  the  Clergy,  with  the  request 
of  this  Convention  that  he  would  preach  a  sermon  suitable  to 
the  occasion,  on  the  day  on  which  the  New  Constitution  is  to 
take  place.     Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Delegates  from 
the  town  of  Boston  be  a  Committee  for  this  purpose.  Which, 
being  put,  passed  in  the  affirmative. 

It  was  moved,  and  seconded,  that  a  Committee  be  appointed 
to  wait  on  the  General  Court,  to  request  of  them,  if  they  see 
fit,  to  order  the  provision  for  the  usual  entertainment  had  on 
the  days  of  General  Election,  to  be  made  on  the  last  Wednes- 
day in  October  next,  and  that  the  Committee  appointed  to  wait 
on  the  General  Court  with  the  Resolve  aforesaid,  be  a  Commit- 
tee for  that  purpose.  Which,  being  put,  passed  in  the  affirma- 
tive. 

Moved  and  seconded,  that  the  vote  for  appointing  the  Dele- 
gates from  the  town  of  Boston,  a  Committee  to  wait  on  a  gen- 
tleman of  the  Clergy  to  preach  on  the  day  aforesaid,  be  re- 
considered. 

The  same  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  Committee  ap- 
pointed to  present  the  Resolves  of  this  Convention,  respecting 
the  time  and  manner  of  introducing  the  Constitution,  be  in- 
structed to  request  of  that  House  of  the   Legislature,   whose 


184 

turn  it  may  be  to  appoint  a  Minister  to  preach  on  the  day  of 
the  next  Election,  to  appoint,  if  they  see  fit,  a  Minister  to 
preach  on  the  last  Wednesday  in  October.  Which,  being  put, 
passed  in  the  affirmative. 

On  a  motion,  made  and  seconded. 

Voted,  That  the  Secretary  be  directed  to  cause  eighteen 
hundred  copies  of  the  Resolves  aforesaid  to  be  printed  and 
dispersed  through  the  State,  by  the  15th  July  next,  in  the  same 
proportion  as  the  copies  of  the  Constitution  were  dispersed. 

It  was  moved,  and  seconded,  that  a  Committee  be  appointed 
to  wait  on  the  Rev.  Dr.  Cooper,  requesting  him  to  close  the 
Convention  with  thanksgiving  and  prayer.  Which,  being  put, 
passed  in  the  affirmative. 

A  nomination  being  called  for, 

Mr.  GORHAM, 

Mr.  Otis,  and 

Mr.  Storer,  were  appointed. 

tt  was  then  moved,  and  seconded,  that  the  thanks  of  the 
Convention  be  given  to  the  Honorable  the  President,  for  his  in- 
defatigable services  in  conducting  the  business  of  the  Conven- 
tion.    Which,  being  put,  passed  in  the  affirmative. 

It  was  then  moved,  and  seconded,  that  the  thanks  of  the  Con- 
vention be  given  to  the  Secretary,  for  his  indefatigable  services 
in  the  several  Sessions  of  the  Convention.  Which,  being  put, 
passed  in  the  affirmative. 

On  a  motion,  made  and  seconded, 

Voted,  That  the  thanks  of  the  Convention  be  given  to  the 
Society  usually  meeting  in  this  House  for  religious  worship,  for 
the  use  of  the  House  during  this  session. 

It  was  moved,  and  seconded,  that  when  the  business  of  this 
Convention  shall  be  completed  the  same  be  dissolved.  Which, 
being  put,  passed  in  the  affirmative. 

The  Committee  appointed  to  wait  on  the  Rev.  Dr.  Cooper, 
not  being  able  to  find  him,  reported,  whereupon  on  a  motion, 
made  and  seconded. 

Voted,  That  the  Rev.  Mr.  Thatcher  be  desired  to  close  the 
.Convention  with  thanksgiving  and  prayer. 

Which  service,  being  performed,  it  was  moved,  and  second- 


r 


185 


ed,  that  the  Convention  be  now  dissolved.     Which,  being  put, 
passed  in  the  affirmative. 

The  Convention  was  accordingly  dissolved. 

Friday,  16th  June,  P.  M.  1780. 

A  true  Copy  of  the  votes  and  proceedings  of  the  Convention. 
Attest. 

SAMUEL  BARRETT,     Secretary, 


186 


State  of  M^unrnW^tttu  i$us< 


IN  CONVENTION,  June  16,  1780. 

Whereas,  Upon  due  Examination  of  the  Returns  made  by  the 
several  Towns  and  Plantations,  within  this  State,  it  appears  that 
more  than  Two  Thirds  of  the  Inhabitants  thereof,  who  have 
voted  on  the  same,  have  expressed  their  approbation  of  the 
Form  of  Government  agreed  upon  by  this  Convention,  and  laid 
before  them  for  their  Consideration,  in  conformity  to  a  Resolve 
of  the  said  Convention,  of  the  second  day  of  March  last.  This 
Convention  do,  hereupon,  declare  the  said  Form  to  be  the  Con- 
stitution of  Government  established  by  and  for  the  Inhabitants 
of  the  State  of  Massachusetts  Bay. 

And  as  the  said  Inhabitants  have  authorized  and  empowered 
this  Convention  to  agree  upon  a  time  when  the  same  shall  take 
place,  in  order  that  the  good  people  of  this  State  may  have  the 
benefit  thereof,  as  soon  as  conveniently  may  be. 

It  is  Resolved,  That  the  said  Constitution  or  Frame  of  Govern- 
ment shall  take  place  on  the  last  Wednesday  in  October  next ; 
and  not  before,  for  any  purpose,  save  only  for  that  of  making 
elections  agreeable  to  this  Resolution. 

And  the  first  General  Court'under  the  same  shall  be  holden  on 
the  said  last  Wednesday  in  October,  at  the  State  House  in  Bos- 
ton, at  ten  o'clock  in  the  forenoon.  And  in  Order  thereto, 
there  shall  be  a  meeting  of  the  Inhabitants  of  each  Town  and 
Plantation  in  the  several  Counties  within  this  Stale,  legally 
warned  and  held,  on  the  first  Monday  in  September  next,  for 
the  purpose  of  electing  a  Governor,  Lieut.  Governor,  and  Per- 
sons for  Counsellors  and  Senators. — And  there  shall  also  be  a 
Meeting  of  the  Inhabitants  of  the  several  Towns  within  this 
State,  duly  warned  and  held,  sometime  in  October  next,  and  ten 
days  at  the  least  before  the  last  Wednesday  in  the  same  month, 
for  the  purpose  of  choosing  Representatives  to  serve  in  the  said 
General  Court.     And  the  Selectmen  are  hereby  enjoined  to  call 


187 

such  meetings  and  to  preside  at  the  same.  And  in  all  elections, 
and  in  making,  receiving,  and  examining  Returns,  and  in  conduc- 
ting the  whole  business  of  organizing  and  establishing  the  said 
General  Court,  the  same  rules  are  to  be  observed,  that  are  pre- 
scribed in  the  Form  of  Government  for  making  such  elections, 
and  for  the  constituting  the  first  General  Court;  saving  only  the 
difference  of  time. 

And  he  it  further  Resolved,  That  Samuel  Barrett,  Esq.  (Sec- 
retary to  this  Convention)  do,  on  or  before  the  Fifteenth  Day  of 
July  next,  cause  printed  Copies  of  this  Resolution  to  be  sent  to 
the  Selectmen  of  the  several  Towns,  and  the  Assessors  of  the 
several  Plantations  aforesaid,  who  are  respectively  to  perform 
the  duties  required  by  this  Resolution,  and  to  make  seasonable 
and  regular  Returns  of  the  Persons  elected  to  the  several  Offi- 
ces herein  mentioned,  into  the  Secretary's  Office  of  this  State, 
agreeably  to  the  rules  contained  in  the  Form  of  Government 
above  referred  to. 

In  the  Name,  and  pursuant  to  a  Resolution  of  the  Convention. 

JAMES  BOWDOIN,     President., 

Attest. 

SAMUEL  BARRETT,     Secretary. 


APPENDIX 


NO.  I. 


Resolve  for  taking  the  sense   of  the  People  upon  the  subject  of  a 
JVew  Constitution, 

STATE  OF  MASSACHUSETTS  BAY. 

In  the  House  of  Representatives,  Feb.  19,  1779» 

Whereas,  The  Constitution  or  Form  of  Civil  Government,  which  wad 
proposed  by  the  late  Convention  of  this  State  to  the  People  thereof,  hath 
been  disapproved  by  a  majority  of  the  Inhabitants  of  said  State, — * 

And  whereas,  It  is  doubtful  from  the  Representations  made  to  this  Court) 
what  are  the  sentiments  of  the  major  part  of  the  good  People  of  this  State, 
as  to  the  expediency  of  now  proceeding  to  form  a  new  Constitution  of  Gov- 
ernment,—  t 

Therefore  Resolved,  That  the  Selectmen  of  the  several  towns  within  this 
State  cause  the  Freeholders  and  other  Inhabitants  in  their  respective 
towns,  duly  qualified  to  vote  for  Representatives,  to  be  lawfully  warned  to 
meet  together  in  some  convenient  place  therein,  on  or  before  the  last  Wed-' 
nesday  of  May  next,  to  consider  of,  and  determine  upon,  the  following 
questions : — 

First.— Whether  they  choose,  at  this  time,  to  have  a  new  Constitution  or 
Form  of  Government  made. 

Secondly. -^Whether  they  will  empower  their  Representatives  for  the  next 
year  to  vote  for  the  calling  a  State  Convention,  for  the  sole  purpose  of 
forming  a  new  Constitution ;  provided  it  shall  appear  to  them,  on  examina* 
tion,  that  a  major  part  of  the  People  present  and  voting  at  the  meetings^ 
called  in  the  manner  and  for  the  purpose  aforesaid,  shall  have  answered  the 
first  question  in  the  affirmative  ? 

*  See  No  6  of  this  Appendix. 

25 


190 

^nd  in  order  that  the  sense  of  the  People  may  be  known  thereon, — 

Be  it  further  Resolved,  That  the  Selectmen  of  each  town  be  and  hereby 
are  directed  to  return  into  the  Secretary's  Office,  on  or  before  the  first  Wed- 
nesday in  June  next,  the  doings  of  their  respective  towns,  on  the  first  ques- 
tion above  mentioned,  certifying  the  numbers  voting  in  the  affirmative, 
and  the  numbers  voting  in  the  negative,  on  said  question. 

Sent  up  for  concurrence. 

JOHN  PICKERING,  Speaker. 

In  Council,  Feb.  20, 1779. 

Read  and  concurred. 

JOHN  AVERY,  J).  Secretary. 


19t 


NO.  II. 


[This  important  Document,  so  necessary  to  explain  the  Text  of  the  Journal 
itself,  was  not  among  the  papers  of  the  Convention  in  the  Secretary's  office,  nor, 
after  diligent  enquiry,  was  it  discovered  elsewhere,  until  the  body  of  this  work 
had  gone  to  press,  (see  pages  35  and  36J  lohen,  in  consequence  of  a  notice  in 
the  public  papers,  a  copy  was  kindly  presented  by  Turell  Tufts  Esq.  of  Med- 
ford,  who  found  it  among  the  papers  of  his  relative,  Stephen  Hall,  tertius,  Esq. 
a  Member  of  the  Convention.  The  loan  of  a  copy  has  also  been  politely  ten- 
dered by  the  Essex  Historical  Society ;  and  it  is  understood  that  some  other 
copies  are  extant.] 


The  REPORT  OF  A  CONSTITUTION,  or  Form  of  Government,  for  the 
COMMONWEALTH  OF  MASSACHUSETTS ;— Agreed  upon  by  the 
Committee — to  be  laid  before  the  Convention  of  Delegates,  assembled 
at  Cambridge,  on  the  first  day  of  September,  A.  D.  1779 ;  and  continued 
by  Adjournment  to  the  twenty-eighth  day  of  October  following. 


To  the  Honorable  the  Convention  of  Delegates  from  the  several  Tovnis  in 
the  State  of  Massachusetts,  appointed  for  the  forming  a  new  Constitution 
of  Government  for  the  said  State. 

Gentlemen, — 

Your  Committee,  in  pursuance  of  your  instructions,  have  prepared  the 
Draught  of  a  new  Constitution  of  Government  for  this  State ;  and  now 
make  report  of  it :  which  is  respectfully  laid  before  you,  in  the  following 
pages,  for  your  consideration  and  correction. 

In  the  name  of  the  Committee, 

JAMES  BOWDOIN,  Chairman, 


CONSTITUTION  OR  FORM  OF  GOVERNMENT 


FOR    THE 


(K(jmmonU)ealt8  oC  JHasjsacSusettis. 


PREAMBLE. 


The  end  of  the  institution,  maintenance  and  administration  of  govern- 
ment, is  to  secure  the  existence  of  the  body  politic ;  to  protect  it,  and  to  fur- 
nish the  individuals  who  compose  it,  with  the  power  of  enjoying,  in  safety 
and  tranquillity,  their  natural  rights,  and  the  blessings  of  life  :  And  whenev- 
er these  great  objects  are  not  obtained,  the  people  have  a  right  to  alter  the 
government,  and  to  take  measures  necessaiy  for  their  safety,  happiness  and 
prosperity. 

The  body  politic  is  formed  by  a  voluntary  association  of  individuals:  It  is 
a  social  compact,  by  which  the  whole  people  covenants  with  each  citizen, 
and  each  citizen  with  the  whole  people,  that  all  shall  be  governed  by  certain 
laws  for  the  common  good.  It  is  the  duty  of  the  people,  therefore,  in  fram- 
ing a  Constitution  of  Government,  to  provide  for  an  equitable  mode  of  mak- 
ing laws,  as  well  as  for  an  impartial  interpretation,  and  a  faithful  execution 
of  them,  that  every  man  may,  at  all  times,  find  his  security  in  them. 

We,  therefore,  the  Delegates  of  the  People  of  Massachusetts,  in  General 
Convention  assembled,  for  the  express  and  sole  purpose  of  framing  a  Con- 
stitution or  Form  of  Government,  to  be  laid  before  our  Constituents,  accord- 
ing to  their  instructions,  acknowledging,  with  grateful  hearts,  the  goodness 
of  the  Great  Legislator  of  the  Universe,  in  affording  to  this  people,  in  the 
course  of  His  Providence,  an  opportunity  of  entering  into  an  original,  expH- 
cit,  and  solemn  compact  with  each  other,  deliberately  and  peaceably,  with- 
out fraud,  violence,  or  surprise  ;  and  of  forming  a  new  Constitution  of  Civil 
Government,  for  themselves  and  their  posterity  ;  and  devoutly  imploring  His 
direction  in  a  design  so  interesting  to  them  and  their  posterity, — Do,  by  vir- 
tue of  the  authority  vested  in  us,  by  our  constituents,  agi-ee  upon  the  follow- 
ing Declaration  of  Rights,  and  Frame  of  Government,  as  the  CONSTITU- 
TION OF  THE  COMMONWEALTH  OF  MASSACHUSETTS. 


Ids 


CHAPTER  I. 

A  Declaration  of  the  Rights  of  the  Inhabitants  of  the    Common- 
wealth of  Massachusetts. 

Art.  1. — ALL  men  are  born  equally  free  and  independent,  and  have 
certain  natural,  essential,  and  unalienable  rights:  among  which  may  be 
reckoned  the  right  of  enjoying  and  defending  their  lives  and  liberties ;  that 
of  acquiring,  possessing,  and  protecting  their  property  ;  in  fine,  that  of 
seeking  and  obtaining  their  safety  and  happiness. 

II. — It  is  the  duty  of  all  men  in  society,  publicly,  and  at  stated  seasons,  to 
worship  the  SUPREME  BEING,  the  great  creator  and  preserver  of  the 
universe.  And  no  subject  shall  be  hurt,  molested,  or  restrained,  in  his  per- 
son, liberty  or  estate,  for  worshiping  GOD  in  the  manner  most  agreeable  ta 
the  dictates  of  his  own  conscience  ;  or  for  his  religious  profession  or  senti- 
ments ;  provided  he  doth  not  disturb  the  public  peace,  or  obstruct  others  in 
their  rehgious  worship. 

III. — Good  morals  being  necessaiy  to  the  preservation  of  civil  society  5 
and  the  knowledge  and  belief  of  the  being  of  GOD,  His  providential  gov- 
ernment of  the  world,  and  of  a  future  state  of  rewards  and  punishment, 
being  the  only  true  foundation  of  morality,  the  legislature  hath  therefore  a 
right,  and  ought,  to  provide  at  the  expense  of  the  subject,  if  necessary,  a 
suitable  support  for  the  public  worship  of  GOD,  and  of  the  teachers  of  re- 
hgion  and  morals  ;  and  to  enjoin  upon  all  the  subjects  an  attendance  upon 
their  instructions,  at  stated  times  and  seasons :  Provided  there  be  any  such 
teacher,  on  whose  ministry  they  can  conscientiously  and  conveniently  at- 
tend. 

All  monies,  paid  by  the  subject  to  the  support  of  public  worship,  and  of 
the  instructors  in  religion  and  morals,  shall,  if  he  requires  it,  be  uniformly 
applied  to  the  support  of  the  teacher  or  teachers  of  his  own  religious  de- 
nomination, if  there  be  such  whose  ministry  he  attends  upon:  otherwise 
it  may  be  paid  to  the  teacher  or  teachers  of  the  parish  or  precinct  where 
he  usually  resides. 

IV. — The  people  of  this  Commonwealth  have  the  sole  and  exclusive  right 
of  governing  themselves,  as  a  free,  sovereign,  and  independent  state ;  and 
do,  and  forever  hereafter  shall,  exercise  and  enjoy  every  power,  jurisdiction, 
and  right,  which  are  not,  or  may  not  hereafter,  be  by  them  expressly  dele- 
gated to  the  United  States  of  America,  in  Congress  assembled. 


194 

V. — All  power  residing  originally  in  the  people,  and  being  derived  from 
them,  the  several  magistrates  and  officers  of  government,  vested  with  au- 
thority, whether  legislative,  executive  or  judicial,  are  their  substitutes  and 
agents,  and  are  at  all  times  accountable  to  them. 

VI. — No  man,  nor  corporation  or  association  of  men,  have  any  other  title 
to  obtain  advantages,  or  particular  and  exclusive  privileges,  distinct  from 
those  of  the  community,  than  what  arises  from  the  consideration  of  services 
rendered  to  the  public ;  and  this  title  being  in  nature  neither  hereditary,  nor 
transmissible  to  cliildren,  or  descendants,  or  relations  by  blood,  the  idea  of 
a  man  bom  a  magistrate,  law-giver,  or  judge,  is  absurd  and  unnatural. 

VII. — Government  is  instituted  for  the  common  good  ;  for  the  protec  - 
tion,  safety,  prosperity  and  happiness  of  the  people ;  and  not  for  the  profit, 
honor,  or  private  interest  of  any  one  man,  family,  or  class  of  men :  There- 
fore the  people  alone  have  an  incontestible,  unalienable,  and  indefeasible 
right  to  institute  government ;  and  to  reform,  alter,  or  totally  change  the 
same,  when  their  protection,  safety,  prosperity  and  happiness  require  it. 

VIII. — In  order  to  prevent  those  who  are  vested  with  authority  from  be- 
coming oppressors,  the  people  have  a  right,  at  such  periods  and  in  such 
manner  as  may  be  delineated  in  their  frame  of  government,  to  cause  their 
public  officers  to  return  to  private  life,  and  to  fill  up  vacant  places  by  certain 
and  regular  elections. 

IX. — All  elections  ought  to  be  free  ;  and  all  the  male  inhabitants  of  this 
Commonwealth,  having  sufficient  qualifications,  have  an  equal  right  to  elect 
officers,  and  to  be  elected  for  public  employments. 

X. — Each  individual  of  the  society  has  a  right  to  be  protected  by  it  in  the 
enjoyment  of  his  life,  liberty  and  property,  according  to  standing  laws.  He 
is  obliged,  consequently,  to  contribute  his  share  to  the  expense  of  this  pro- 
tection ;  to  give  his  personal  service,  or  an  equivalent,  when  necessary :  But 
no  part  of  the  property  of  any  individual  can,  with  justice,  be  taken  from 
him,  or  applied  to  public  uses,  without  his  own  consent,  or  that  of  the  rep- 
resentative body  of  the  people.  In  fine,  the  people  of  this  Commonwealth 
are  not  controlable  by  any  other  laws,  than  those  to  which  their  constitu- 
tional representative  body  have  given  their  consent. 

XL — Every  subject  of  the  Commonwealth  ought  to  find  a  certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he  may  re- 
ceive in  his  person,  property  or  character:  He  ought  to  obtain  right  and  jus- 
tice freely,  and  without  being  obliged  to  purchase  it ;  completely,  and  with- 
out any  denial ;  promptly,  and  without  delay  ;  conformably  to  the  laws. 

XII. — No  subject  shall  be  held  to  answer  for  any  crime  or  offence,  until 
the  same  is  fully  and  plainly,  substantially  and  formally,  described  to  him. 


1^5 

He  cannot  be  compelled  to  accuse  himself,  or  to  furnish  evidetice  against  him- 
self; and  every  subject  shall  have  a  right  to  be  fully  heard  in  his  defence, 
by  himself  or  his  council,  at  his  election ;  to  meet  the  vi^itnesses  against 
him  face  to  face  ;  to  produce  all  proofs  that  may  be  favourable  to  him  ;  to 
require  a  speedy  and  public  trial  by  an  impartial  jury  of  the  country,  w^ithout 
whose  unanimous  consent,  or  his  own  voluntary  confession,  he  cannot  final- 
ly be  declared  guilty,  or  sentenced  to  loss  of  life,  liberty  or  property. 

XIII. — In  criminal  prosecutions,  the  verification  of  facts,  in  the  vicinity 
where  they  happen,  is  one  of  the  greatest  securities  of  the  life,  liberty  and 
property  of  the  citizen. 

XIV. — No  subject  of  the  Commonwealth  shall  be  aiTested,  imprisoned, 
despoiled,  or  deprived  of  his  property,  immunities  or  privileges,  put  out  of 
the  protection  of  the  law,  exiled,  or  deprived  of  his  life,  liberty  or  estate, 
but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

XV. — Every  man  has  a  right  to  be  secure  from  all  unreasonable  searches 
and  seizures  of  his  person,  his  houses,  his  papers,  and  all  his  possessions. 
All  warrants,  therefore,  are  contrary  to  this  right,  if  the  cause  or  foundation 
of  them  be  not  previously  supported  by  oath  or  affirmation  ;  and  if  the  or- 
der in  the  warrant  to  a  civil  officer,  to  make  search  in  suspected  places,  or 
to  arrest  one  or  more  suspected  persons,  or  to  seize  their  property,  be  not 
accompanied  with  a  special  designation  of  the  persons  or  objects  of  search, 
arrest  or  seizure  ;  and  no  warrant  ought  to  be  issued  but  in  cases  and  with 
the  formalities  prescribed  by  the  laws. 

XVI. — In  all  controversies  concerning  property,  and  in  all  suits  between 
two  or  more  persons,  the  parties  have  a  right  to  a  trial  by  a  jury ;  and  this 
method  of  procedure  shall  be  held  sacred  ;  unless,  in  causes  arising  on  the 
high-seas,  and  such  as  relate  to  mariners  wages,  the  legislature  shall  hereaf- 
ter find  it  necessary  to  alter  it. 

XVII. — The  people  have  a  right  to  the  freedom  of  speaking,  writing  and 
publishing  their  sentiments :  The  liberty  of  the  press  therefore  ought  not 
to  be  restrained. 

XVIII. — The  people  have  a  right  to  keep  and  to  bear  arms  for  the  com- 
mon defence.  And  as  in  time  of  peace  standing  armies  are  dangerous  to 
liberty,  they  ought  not  to  be  maintained  without  the  consent  of  the  legisla- 
ture ;  and  the  military  power  shall  always  be  held  in  an  exact  subordination 
to  the  civil  authority,  and  be  governed  by  it. 

XIX. — A  FREQUENT  rccurreucc  to  the  fundamental  principles  of  the  con- 
stitution, and  a  constant  adherence  to  those  of  piety,  justice,  moderation, 
temperance,  industry  and  frugality,  are  absolutely  necessary  to  preserve  the 


196 

advantages  of  liberty,  and  to  maintain  a  free  government:  The  people 
ought,  consequently,  to  have  a  particular  attention  to  all  those  principles 
in  the  choice  of  their  officers  and  representatives  :  And  they  have  a  right 
to  require  of  their  law-givers  and  magistrates  an  exact  and  constant  obser* 
vance  of  them,  in  the  formation  and  execution  of  the  laws  necessary  for  the 
good  administration  of  the  Commonwealth. 

XX. — The  people  have  a  right,  in  an  orderly  and  peaceable  manner,  to 
assemble  to  consult  upon  the  common  good ;  give  instructions  to  their  re* 
presentatives ;  and  to  request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  wrongs  done  them,  and  the 
grievances  they  suffer. 

XXI. — ^The  power  of  suspending  the  laws,  or  the  execution  of  the  laws, 
ought  never  to  be  exercised  but  by  the  legislature,  or  by  authority  derived 
from  it,  to  be  exercised  in  such  particular  cases  only  as  the  legislature  shall 
expressly  provide  for :  And  there  shall  be  no  suspension  of  any  law  for  the 
private  interest,  advantage,  or  emolument,  of  any  one  man  or  class  of  men. 

XXII. — The  freedom  of  deliberation,  speech  and  debate,  in  either  house 
of  the  legislature,  is  so  essential  to  the  rights  of  the  people,  that  it  cannot  be 
the  foundation  of  any  accusation  or  prosecution,  action  or  complaint,  in  any 
other  court  or  place  whatsoever. 

XXIII. — ^The  legislature  ought  frequently  to  assemble  for  the  redress  of 
grievances,  for  correcting,  strengthening  and  confirming  the  laws,  and  for 
making  new  laws  as  the  common  good  may  require. 

XXIV, — No  subsidy,  charge,  tax,  impost  or  duties  ought  to  be  establish* 
€d,  fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  without  the  consent 
of  the  people  or  their  representatives  in  the  legislature. 

XXV.-— ^Laws  made  to  punish  for  actions  done  before  the  existence  of 
such  laws,  and  which  have  not  been  declared  crimes  by  preceding  laws, 
are  unjust,  oppressive,  and  inconsistent  with  the  fundamental  principles  of 
a  free  government. 

XXVI. — No  man  ought  in  any  case,  or  in  any  time,  to  be  declared  guilty 
of  treason  or  felony  by  any  act  of  the  legislature, 

XXVII. — No  magistrate  or  court  of  law  shall  demand  excessive  bail,  or 
sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  punishments. 

XXVIII. — In  time  of  peace,  no  soldier  ought  to  be  (|iiartercd  in  any 
house  without  the  consent  of  the  owner ;  and  in  time  of  war,  such  quarters 
ought  not  to  be  made,  but  by  the  civil  magistrate  in  a  manner  ordained  by 
the  legislature. 


197 

XXIX. — No  pei*son  can  in  any  case  be  subjected  to  law  martial,  or  to  any 
penalties  or  pains,  by  virtue  of  that  law,  except  those  employed  in  the  army 
or  navy,  and  except  the  militia  in  actual  service,  but  by  authority  of  the 
legislature. 

XXX. — It  is  essential  to  the  presei*vation  of  the  rights  of  every  individual, 
his  life,  liberty,  property  and  character,  that  there  be  an  impartial  interpreta- 
tion of  the  laws,  and  administration  of  justice.  It  is  the  right  of  every  citi- 
zen to  be  tried  by  judges  as  free,  impartial  and  independent  as  the  lot  of 
humanity  will  admit.  It  is  therefore  not  only  the  best  policy,  but  for  the 
security  of  the  rights  of  the  people,  and  of  every  citizen,  that  the  judges 
should  hold  their  offices  as  long  as  they  behave  themselves  well ;  and  that 
they  should  have  honorable  salaries  ascertained  and  established  by  standing 
laws. 

XXXI. — The  judicial  department  of  the  State  ought  to  be  separate  from^ 
and  independent  of,  the  legislative  and  executive  powers. 


CHAPTER    II. 

The  Frame  of  Government. 

The  people  inhabiting  the  territory  heretofore  called  the  Province  of  Mas* 
sachusetts-Bay,  do  hereby  solemnly  and  mutually  agree  with  each  other,  to, 
form  themselves  into  a  free,  sovereign,  and  independent  body -politic  or  state, 
by  the  name  of  THE  COMMONWEALTH  OF  MASSACHUSETTS. 

In  the  government  of  the  Commonwealth  of  Massachusetts,  the  legisla- 
tive, executive,  and  judicial  power,  shall  be  placed  in  separate  departments 
to  the  end  that  it  might  be  a  government  of  laws  and  not  of  men. 

SECTION  I. 

Art.  1. — The  department  of  legislation  shall  be  formed  by  two  branches, 
a  Senate  and  House  of  Representatives ;  each  of  which  shall  have  a  nega^ 
live  on  the  other. 

They  shall  assemble  once,  on  the  last  Wednesday  in  May,  and  at  such 
other  times  as  they  shall  judge  necessary,  every  year ;  and  shall  be  stiled, 
THE  GENERAL  COURT  OF  MASSACHUSETTS. 

And  the  first  magistrate  shall  have  a  negative  upon  all  the  laws — that  he 
may  have  power  to  preserve  the  independence  of  the  executive  and  judicial 
departments. 

26 


198 

II. — The  (xeneral  Court  shall  forever  have  full  power  and  authority  to 
erect  and  constitute  judicatories  and  courts  of  record,  or  other  courts,  to  be 
held  in  the  name  of  the  Commonwealth,  for  the  hearing,  trying,  and  deter- 
mining of  all  manner  of  crimes,  offences,  pleas,  processes,  plaints,  actions, 
matters,  causes  and  things,  whatsoever,  arising  or  happening  within  the 
Commonwealth,  or  between  or  concerning  persons  inhabiting,  or  residing, 
or  brought  within  the  same  ;  whether  the  same  be  criminal  or  civil,  or  wheth- 
er the  said  crimes  be  capital  or  not  capital,  and  whether  the  said  pleas  be  real, 
personal,  or  mixt ;  and  for  the  awarding  and  making  out  of  execution  there- 
upon: To  which  courts  and  judicatories,  are  hereby  given  and  granted  full 
power  and  authority  from  time  to  time  to  administer  oaths  or  affirmations, 
for  the  better  discovery  of  truth  in  any  matter  in  controversy  or  depending 
before  them. 

Ill- — And  further,  full  power  and  authority  are  hereby  given  and  granted 
to  the  said  General  Court,  from  time  to  time,  to  make,  ordain,  and  establish 
all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes,  and  ordinan- 
ces, directions  and  instructions,  either  with  penalties  or  without ;  so  as  the 
same  be  not  repugnant  or  contrary  to  this  Constitution,  as  they  shall  judge 
to  be  for  the  good  and  welfare  of  this  Commonwealth,  and  for  the  govern- 
ment and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  for  the  ne- 
cessary support  and  defence  of  the  government  thereof;  and  to  name  and 
settle  annually,  or  provide  by  fixed  laws,  for  the  naming  and  settling  all  civil 
officers  within  the  said  Commonwealth ;  such  officers  excepted,  the  election 
and  constitution  of  whom  are  not  hereafter  in  this  Form  of  Government 
otherwise  provided  for ;  and  to  set  forth  the  several  duties,  powers  and  lim- 
its of  the  several  civil  and  mihtary  officers  of  this  Commonwealth,  and  the 
forms  of  such  oaths  as  shall  be  respectively  administered  unto  them  for  the 
execution  of  their  several  offices  and  places,  so  as  the  same  be  not  repug- 
nant or  contrary  to  this  Constitution  ;  and  also  to  impose  fines,  mulcts,  im- 
prisonments, and  other  punishments ;  and  to  impose  and  levy  proportional 
and  reasonable  assessments,  rates,  and  taxes,  upon  the  persons  of  all  the  in- 
habitants of  and  residents  within  the  said  Commonwealth,  and  upon  all  es- 
tates within  the  same  ;  to  be  issued  and  disposed  of  by  warrant,  under  the 
hand  of  the  Governor  of  this  Commonwealth  for  the  time  being,  with  the 
advice  and  consent  of  the  Council,  for  the  public  service,  in  the  necessary 
defence  and  support  of  the  government  of  the  said  Commonwealth,  and  the 
protection  and  preservation  of  the  subjects  thereof,  according  to  such  acts 
as  are  or  shall  be  in  force  within  the  same  ;  and  to  dispose  of  matters  and 
things  whereby  they  may  be  religiously,  peaceably,  and  civilly  governed, 
protected,  and  defended. 

And  that  public  assessments  may  be  made  with  equality,  there  shall  be  a 
valuation  of  estates  within  the  Commonwealth  taken  anew  once  in  every  teiji 
years  at  the  least. 


199 

SECTION  II. 

Senate. 

I. — There  shall  be  annually  elected  by  the  freeholdei*s  and  other  inhabi- 
tants of  this  Commonwealth,  qualified  as  in  this  Constitution  is  provided 
forty  persons  to  be  Counsellors  and  Senators  for  the  year  ensuing  their  elec- 
tion, to  be  chosen  in  and  by  the  inhabitants  of  the  districts  into  which  the 
Commonwealth  may  from  time  to  time  be  divided  by  the  General  Court,  for 
that  purpose  :  And  the  General  Court,  in  assigning  the  numbers  to  be  elect- 
ed by  the  respective  districts,  ^liall  govern  themselves  by  the  proportion  of 
the  public  taxes  paid  by  the  said  districts  ;  and  timely  make  known  to  the 
nhabitants  of  the  Commonwealth,  the  limits  of  each  district,  and  the  num- 
ber of  Counsellors  and  Senators  to  be  chosen  therein  ;  provided  that  the 
number  of  such  districts  shall  be  never  more  than  sixteen  nor  less  than  ten. 
And  the  several  counties  in  this  Commonwealth  shall,  until  the  General 
Court  shall  determine  it  necessaiy  to  alter  said  districts,  be  districts  for  the 
choice  of  Counsellors  and  Senators  (except  that  the  counties  of  Dukes-Coun- 
ty and  Nantucket  shall  form  one  district  for  that  purpose)  and  shall  elect  the 
following  number  for  Counsellors  and  Senators,  viz. 
Suffolk,         ....    6        York,  .         .         .         .2 

Essex,  .         .         •         .6        Dukes-County   >  , 

Middlesex,    .         .         .         .     5        and  Nantucket,  \ 
Hampshire,  .  •         .         .4         Worcester,    .  .  .  .5 

Plymouth,     .         .  •         .    3        Cumberland,  .  .         .1 

Barnstable,   .         ...     1         Lincoln,        .         .  .         .1 

Bristol,         .         .         .         .3        Berkshire,     ...         .2 

II. — The  Senate  shall  be  the  first  branch  of  the  legislature;  and  the  Sen- 
ators shall  be  chosen  in  the  following  manner,  viz.  There  shall  be  a  meet- 
ing on  the  first  Monday  in  April  annually,  forever,  of  the  inhabitants  of  all 
the  towns  in  the  several  counties  of  this  Commonwealth,  to  be  called  by  the 
Selectmen,  and  warned  in  due  course  of  law,  at  least  seven  days  before  the 
first  Monday  in  April,  for  the  purpose  of  electing  persons  to  be  Senators  and 
Counsellors :  And  at  such  meetings  eveiy  male  person  of  twenty-one  years 
of  age  and  upwards,  resident  in  such  towns  one  year  next  preceding  the  an- 
nual election  of  Senators,  having  a  freehold  estate  within  the  Commonwealth, 
of  the  annual  income  of  three  pounds,  or  other  real  or  personal  estate  of  the 
value  of  sixty  pounds,  shall  have  a  right  to  give  in  his  vote  for  the  Seuatora 
for  the  district. 

The  Selectmen  of  the  several  towns  shall  preside  at  such  meetings,  and 
shall  be  under  oath,  as  well  as  the  Town-Clerk,  to  preside  impartially,  ac- 
cording to  their  best  skill  and  judgment ;  and  to  make  a  just  and  true  return. 

The  Selectmen  shall  receive  the  votes  of  all  the  inhabitants  of  such  towns 
qualified  to  vote  for  Senators,  and  shall  sort  and  count  them  in  open  town- 


200 

meeting,  and  in  presence  of  the  Town-Clerk,  who  shall  make  a  fair  record, 
n  presence  of  the  Selectmen,  and  in  open  town-meeting,  of  the  name  of 
every  person  voted  for,  and  of  the  number  of  votes  against  his  name  ;  and  a 
fair  copy  of  this  record  shall  be  attested  by  the  Selectmen  and  the  Town- 
Clerk,  and  shall  be  sealed  up,  directed  to  the  Secretary  of  the  Commonwealth 
for  the  time  being,  with  a  superscription,  expressing  the  purport  of  the  con- 
tents thereof,  and  delivered  by  the  Town-Clerk  of  such  towns,  to  the  Sheriff 
of  the  county  in  which  such  town  lies,  thirty  days  at  least  before  the  last 
Wednesday  in  May  annually ;  or  it  shall  be  delivered  into  the  Secretary's 
office  seventeen  days  at  least  before  the  said  last  Wednesday  in  May ;  and  the 
Sheriff  of  each  county  shall  deliver  all  such  certificates  by  him  received  into 
the  Secretary's  office  seventeen  days  befoie  the  said  last  Wednesday  in  May. 
And  the  inhabitants  of  plantations  unincoiporated,  qualified  as  this  Con- 
stitution provides,  who  are  or  shall  be  empowered  and  required  to  assess  tax- 
es upon  themselves  toward  the  support  of  government,  shall  have  the  same 
privilege  of  voting  for  Counsellors  and  Senators  in  the  plantations  where  they 
reside,  as  town  inhabitants  have  in  their  respective  towns  :  and  the  plantation- 
meetings  for  that  purpose  shall  be  held  annually  on  the  same  first  Monday 
in  April,  at  such  place  in  the  plantations  respectively,  as  the  Assessors  there- 
of shall  direct ;  which  Assessors  shall  have  like  authority  for  notifying  the 
electors,  collecting  and  returning  the  votes,  as  the  Selectmen  and  Town- 
Clerks  have  in  their  several  Towns  by  this  Constitution.  And  all  other  per- 
sons living  in  places  unincorporated  (qualified  as  aforesaid)  who  shall  be  as- 
sessed to  the  support  of  Government  by  the  Assessors  of  an  adjacent  town, 
shall  have  the  privilege  of  giving  in  their  votes  for  Counsellors  and  Senators, 
in  the  town  where  they  shall  be  assessed,  and  be  notified  of  the  place  of 
meeting  by  the  Selectmen  of  the  Town  where  they  shall  be  assessed  for  that 
purpose  accordingly. 

III. — And  that  there  may  be  a  due  convention  of  Senators  on  the  las^ 
Wednesday  in  May  annually,  the  Governor,  with  five  of  the  Council,  for  the 
time  being,  shall,  as  soon  as  may  be,  examine  the  returned  copies  of  such 
records ;  and  fourteen  days  before  the  said  day  he  shall  issue  his  summons 
to  such  persons  as  shall  appear  to  be  chosen  by  a  maj  ority  of  voters,  to  attend 
on  that  day  and  take  their  seats  accordingly :  Provided  nevertheless,  that 
for  the  first  year  the  said  returned  copies  shall  be  examined  by  the  Presi- 
dent and  five  of  the  Council  of  the  former  Constitution  of  Government ;  and 
the  said  President  shall,  in  like  manner,  issue  his  summons  to  the  persons  so 
elected,  that  they  may  take  their  seats  as  aforesaid. 

IV. — The  Senate,  however,  shall  be  the  final  judge  of  the  elections,  re- 
turns and  qualifications  of  their  own  members ;  and  shall,  on  the  said  last 
Wednesday  in  May  annually,  determine  and  declare  who  are  elected  by  each 
district,  to  be  Senators  by  a  majority  of  votes  :  And  in  case  there  shall  not 
appear  to  be  the  full  number  of  Senators  returned  elected  by  a  majority  of 
votes  for  any  district,  the  deficiency  shall  be  supplied  in  the  following  man- 


201 

ner,  viz.  The  members  of  the  House  of  Representatives,  and  such  Senators 
as  shall  be  declared  elected,  shall  take  the  names  of  twice  the  number  of  Sen- 
ators wanting,  from  those  who  shall  be  found  to  have  the  highest  number  of 
votes  in  such  district,  and  not  elected  ;  and  out  of  these  shall  elect,  by  ballot, 
a  number  of  Senators,  sufficient  to  fill  up  the  vacancies  in  such  district :  And 
in  this  manner  all  such  vacancies  shall  be  filled  up  in  every  district  of  the 
Commonwealth  ;  and  in  like  manner  all  vacancies  in  the  Senate,  arising  by 
death,  removal  out  of  the  State,  or  otherwise,  shall  be  supphed  as  soon  as 
may  be  after  such  vacancies  shall  happen. 

V. — Provided  nevertheless, that  no  person  shall  be  capable  of  beingelect- 
ed  as  a  Senator  who  is  not  of  the  christian  religion,  and  seized  in  his  own 
right  of  a  freehold  within  this  Commonwealth,  of  the  value  of  three  hundred 
pounds  at  least,  and  who  has  not  been  an  inhabitant  of  this  Commonwealth 
for  the  space  of  seven  years,  three  of  which  immediately  preceding  his 
election,  and  in  the  district  for  which  he  shall  be  chosen. 

VI. — The  Senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournments  do  not  exceed  two  days  at  a  time. 

VII. — The  Senate  shall  choose  its  own  President,  appoint  its  own  offi- 
cers, and  determine  its  own  rules  of  procedings. 

VIII. — The  Senate  shall  be  a  court  with  full  authority  to  hear  and  deter- 
mine all  impeachments  made  by  the  House  of  Representatives,  against 
any  officer  or  officers  of  the  Commonwealth,  for  misconduct  and  mal-admin- 
istration  in  their  offices.  But  previous  to  the  trial  of  every  impeachment,  the 
membei-s  of  the  Senate  shall  respectively  be  sworn,  truly  and  impartially  to 
try  and  determine  the  charge  in  question,  according  to  evidence.  Their 
judgment,  however,  shall  not  extend  further  than  to  removal  from  office,  and 
disqualification  to  hold  or  enjoy  any  place  of  honor,  trust,  or  profit,  under 
this  Commonwealth :  But  the  party  so  convicted,  shall  be,  nevertheless, 
liable  to  indictment,  trial,  judgment,  and  punishment,  according  to  the  laws 
of  the  land. 

SECTION  III. 

House  of  Representatives. 

1. — There  shall  be  in  the  legislature  of  this  Commonwealth,  a  represen- 
tation of  the  people,  annually  elected,  and  founded  in  equality. 

II. — And  in  order  to  provide  for  a  representation  of  the  citizens  of  this 
Commonwealth,  founded  upon  the  principle  of  equahty  every  corporate  town 
containing  one  hundred  and  fifty  rateable  polls,  may  elect  one  Representa- 
tive :  Every  corporate  town,  containing  three  hundred  and  seventy-five  rate- 
able polls,  may  elect  two  Representatives :  Every  corporate  town,  containing 


202 

six  hundred  rateable  polls,  may  elect  three  Representatives  ;  and  proceeding 
in  that  manner,  making  two  hundred  and  twenty-five  rateable  polls  the  mean 
increasing  number  for  every  additional  Representative. 

And  forever  hereafter  the  least  number  of  rateable  polls  necessary  to  en- 
title a  corporate  town  to  elect  one  Representative,  when  increased  by  the  ad- 
dition of  a  number  equal  to  half  the  said  least  number,  shall  be  the  mean  in- 
creasing number  of  rateable  polls  for  every  additional  Representative  any 
corporate  town  may  elect. 

And  to  prevent  hereafter  the  House  of  Representatives  from  becoming 
unweildy,  and  incapable  of  debating,  and  deliberating,  by  the  great  addi- 
tions it  would  continually  receive  from  the  increasing  settlement,  and  pop- 
ulation of  this  Commonwealth,  no  corporate  town  shall,  from  and  after  the 
Year  of  our  Lord  one  thousand  seven  hundred  and  ninety,  be  entitled  to 
elect  one  Representative,  unless  it  shall  contain  two  hundred  rateable  polls  ; 
nor  to  elect  two  Representatives  unless  it  shall  contain  five  hundred  rateable 
polls;  nor  to  elect  three  Representatives  unless  it  shall  contain  eight  hun- 
dred rateable  polls;  and  so  proceeding  in  that  manner,  making  by  the  afore- 
said rule  three  hundred  rateable  polls  the  mean  increasing  number  for  every 
additional  Representative.  And  every  tenth  year,  from  and  after  the  said 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety,  and  until  such 
time  as  the  number  of  Representatives,  which  may  be  elected  for  this  Com- 
monwealth, shall  not  exceed  the  number  of  two  hundred,  the  least  number 
of  rateable  polls,  which  at  that  time  any  corporate  town  must  contain  to  en- 
title it  to  elect  one  Representative,  shall  be  increased  by  the  addition  of 
fifty ;  and  the  least  number  aforesaid,  thus  increased  by  the  said  addition, 
shall  be  the  number  of  rateable  polls  any  corporate  town  must  contain  to 
entitle  it  to  elect  one  Representative :  and  the  number  of  Representatives 
any  corporate  town  may  elect  shall  be  regulated  accordingly  by  the  rules 
aforesaid. 

The  freeholders  and  other  inhabitants  of  this  Commonwealth,  qualified  to 
vote  for  Representatives,  living  in  corporate  towns,  which  severally  shall 
contain  a  less  number  of  rateable  polls  than  is  necessaiy  to  entitle  them 
respectively  to  elect  one  Representative,  shall,  nevertheless,  have  a  right  to 
associate  with  some  town  or  towns  adjoining,  for  the  election  of  Represen- 
tatives; and  in  such  cases  the  voters  thus  united,  shall  have  a  right  to  elect 
the  same  number  of  Representatives  as  they  would  have  done  were  they 
inhabitants  of  one  corporate  town  ;  which  Representatives  may  be  elected 
out  of  either  of  the  associated  towns  indifferently  :  And  the  legislature  shall 
from  time  to  time  determine  what  towns  shall  thus  associate,  the  manner  of 
the  association,  and  the  method  and  manner  of  calling  and  conducting  the 
meetings  of  the  associated  towns  for  the  election  of  Representatives. 

III. — The  members  of  the  House  of  Representatives  shall  be  chosen  by 
written  votes ;  and  no  person  shall  be  qualified,  or  eligible,  to  be  a  member 
of  the  said  house,  unless  he  be  of  the  christian  religion,  and  for  one  year  at 
least  next  preceding  his  election  shall  have  been  an  inhabitant  of,  and  have 


203 

been  seized  in  his  own  right  of  a  freehold  of  the  value  of  one  hundred 
pounds  within  the  town  or  towns  he  shall  be  chosen  to  represent ;  and  he 
shall  cease  to  represent  the  said  town  or  towns,  immediately  on  his  ceasing 
to  be  a  freeholder  within  the  same. 
t 
IV. — Every  male  person,  being  twenty-one  years  of  a^e,  and  resident  in  ^ 
any  particular  town  in   this  Commonwealth  for  the  space  of  one  year  next 
preceding,  having  a  freehold  estate  within  the  same  town,  of  the  annual  in- 
come of  three  pounds,  or  other  estate,  real,  or  personal  or  mixt,  of  the  value    j 
of  sixty  pounds,  shall  have  a  right  to  vote  in  the  choice  of  a  Representative  / 
or  Representatives  for  the  said  town,  or  for  the  towns  united  r««  aforesaid. 

V. — The  members  of  the  House  of  Representatives  shall  be  chosen  annu- 
ally in  the  month  of  May,  ten  days  at  least  before  the  last  Wednesday  of 
that  month,  from  among  the  wisest,  most  prudent,  and  virtuous  of  the  free- 
holders. 

VI. — The  House  of  Representatives  shall  be  the  Grand  Inquest  of  this 
Commonwealth  ;  and  all  impeachments  made  by  them  shall  be  heard,  and 
tried  by  the  Senate. 

VII. — All  money-bills  shall  originate  in  the  House  of  Representatives ; 
but  the  Senate  may  propose  or  concur  with  amendments,  as  on  other  bills. 

VIII. — The  House  of  Representatives  shall  have  power  to  adjourn  them- 
selves ;  provided  such  adjournment  shall  not  exceed  two  days  at  a  time. 

IX. — Not  less  than  sixty  members  of  the  House  of  Representatives  shall 
constitute  a  quorum  for  doing  business. 

X. — The  House  of  Representatives  shall  chuse  their  own  Speaker,  appoint 
their  own  officers,  and  settle  the  rules  and  orders  of  proceeding  in  their  own 
house :  They  shall  have  authority  to  punish  l)y  imprisonment,  every  person 
who  shall  be  guilty  of  disrespect  to  the  house,  in  its  presence,  by  any  disor- 
derly, or  contemptuous  behaviour;  or  by  threatning  or  ill  treating  any  of  its 
members  ;  or,  in  a  word,  by  obstructing  its  deliberations  ;  every  person  guil- 
ty of  a  breach  of  its  privileges,  in  making  arrests  for  debts,  or  by  assaulting 
one  of  its  members  during  his  attendance  at  any  session,  or  on  the  road, 
whether  he  be  going  to  the  house  or  returning  home ;  in  assaulting  any  one 
of  its  officers,  or  in  disturbing  him  in  the  execution  of  any  order,  or  proce- 
dure of  the  house  ;  in  assaulting  or  troubhng  any  witness  or  other  person, 
ordered  to  attend  the  house,  in  his  way  in  going  or  returning,  or  in  rescuing 
any  person  arrested  by  order  of  the  house. 

XI. — The   Senate  shall  have  the  same  powers  in  the  like  eases  ;  and  th^ 


204 

Governor  and  Council  shall  have  the  same  authority  to  punish  in  like  cases. 
Provided  that  no  imprisonment,  on  the  warrant  or  order  of  the  Governor, 
Council,  Senate,  or  House  of  Representatives,  for  either  of  the  above  de- 
scribed ofiences)  be  for  a  term  exceeding  thirty  days. 


CHAPTER  III. 

Executive  Power. 

SECTION  I. 

Governor. 

Art.  1. — There  shall  be  a  Supreme  Executive  Magistrate,  who  shall  be 
stiled,  THE  GOVERNOR  OF  THE  COMMONWEALTH  OF  MASSA- 
CHUSETTS ;  and  whose  title  shall  be -HIS  EXCELLENCY. 

II. — The  Governor  shall  be  chosen  annually ;  and  no  person  shall  be  eli- 
gible to  this  office,  unless,  at  the  time  of  his  election,  he  shall  have  been  an 
inhabitant  of  this  Commonwealth  for  seven  years  next  preceding  ;  and  un^ 
less  he  shall  at  the  same  time  be  seized  in  his  own  right  of  a  Freehold  with^ 
in  the  Commonwealth,  of  the  value  of  One  Thousand  Pounds  ;  and  unless 
he  shall  be  of  the  Christian  Religion. 

III. — Those  persons,  who  shall  be  qualified  to  vote  for  Senators  and  Rep- 
resentatives within  the  several  towns  of  this  Commonwealth,  shall,  at  a 
meeting  to  be  called  for  that  purpose,  on  the  first  Monday  of  April  annually, 
give  in  their  votes  for  a  Governor  to  the  Selectmen,  who  shall  preside  at 
such  meetings ;  and  the  Town  Clerk,  in  the  presence  and  with  the  assis- 
tance of  the  Selectmen,  shall,  in  open  town-meeting,  sort  and  count  the  votes 
and  form  a  list  of  the  persons  voted  for,  with  the  number  of  votes  for  each 
person  against  his  name ;  and  shall  make  a  fair  record  of  the  same  in 
the  town  books,  and  a  public  declaration  thereof  in  the  said  meeting,  and 
shall,  in  the  presence  of  the  inhabitants,  seal  up  copies  of  the  said  list,  attest- 
ed by  him  and  the  Selectmen,  and  transmit  the  same  to  the  Sheriff  of  the 
county  thirty  days  at  least  before  the  last  Wednesday  in  May  ;  or  shall  cause 
returns  of  the  same  to  be  made  to  the  office  of  the  Secretary  of  the  Com* 


205 

monwealth,  seventeen  days  at  least  before  the  said  day,  who  shall  lay  the 
same  before  the  Senate  and  the  House  of  Representatives,  on  the  last 
Wednesday  in  May,  to  be  by  them  examined  ;  and  in  case  of  an  election  by 
a  majority  of  votes  through  the  Commonwealth,  the  choice  shall  be  by  them 
declared  and  published  :  But  if  no  person  shall  have  a  majority  of  votes,  the 
House  of  Representatives  shall,  by  ballot,  elect  two  out  of  four  pei*sons  who 
had  the  highest  number  of  votes,  if  so  many  shall  have  been  voted  for,  but 
if  othei-wise,  out  of  the  number  voted  for;  and  make  return  to  the  Senate 
of  the  two  persons  so  elected ;  on  which  the  Senate  shall  proceed,  by  bal- 
lot, to  elect  one,  who  shall  be  declared  Governor. 

IV. — The  person  chosen  Governor,  and  accepting  the  trust,  shall,  in  the 
presence  of  the  two  Houses,  and  before  he  proceed  to  execute  the  duties  of 
his  office,  make  and  subscribe  the  following  declaration,  and  take  the  follow- 
ing oaths,  to  be  administered  by  the  President  of  the  Senate :  viz. — 

I,  A.  B,  being  declared  duly  elected  Governor  of  the  Commonwealth  of 
Massachusetts,  do  now  declare,  that  I  believe  and  profess  the  christian  re- 
ligion, from  a  firm  persuasion  of  its  truth  ;  and  that  I  am  seized  and  posses- 
sed in  my  own  right  of  the  property  required  by  law,  as  one  qualification , 
for  that  office. 

I,  A.  B.  do  solemnly  swear,  that  I  bear  faith  and  true  allegiance  to  the 
Commonwealth  of  Massachusetts ;  that  I  will  faithfully  and  impartially  dis- 
charge and  perform  all  the  duties  incumbent  on  me  as  a  Governor  of  this 
Commonwealth,  according  to  the  best  of  my  abilities  and  understanding, 
agreeably  to  the  rules  and  regulations  of  the  Constitution ;  and  that  I  will 
not  attempt  or  consent  to  a  violation  thereof.     So  help  me  GOD. 

V. — The  Governor  shall  have  authority  from  time  to  time,  at  his  discre- 
tion, to  assemble  and  call  together  the  Counsellors  of  this  Commonwealth 
for  the  time  being ;  and  the  Governor,  with  the  said  Counsellors,  or  five  of 
ihem  at  least,  shall  and  may,  from  time  to  time,  hold  and  keep  a  Council, 
for  the  ordering  and  directing  the  affairs  of  the  Commonwealth  according 
to  law. 

VI. — The  Governor,  with  advice  of  Council,  shall  have  full  power  and 
authority,  in  the  recess  of  the  General  Court,  to  prorogue  the  same  from 
time  to  time,  not  exceeding  ninety  days  in  any  one  recess  of  the  said  Court; 
and  during  the  Session  of  the  said  Court,  to  adjourn  or  prorogue  it  to  any 
time  the  two  Houses  shall  desire,  and  to  dissolve  the  same  at  their  request, 
or  on  the  Wednesday  next  preceding  the  last  Wednesday  in  May ;  and  to 
call  it  together  sooner  than  the  time  to  which  it  may  be  adjourned  or  pro- 
rogued, if  the  welfare  of  the  Commonwealth  shall  require  the  same. 

VII. — In  cases  of  disagreement  between  the  two  Houses,  with  regard  to 
the  time  of  adjournment  or  prorogation,  the  Governor,  with  advice  of  the 

27 


206 

Council,  shall  have  a  right  to  adjourn  or  prorogue   the  General  Court,  as  he 
shall  determine  the  public  good  shall  require. 

VIII. — The  Governor  of  this  Commonwealth,  for  the  time  being,  shall  be 
the  commander  in  chief  of  the  army,  and  navy,  and  of  all  the  military  forces 
of  the  State,  by  sea  and  land ;  and  shall  have  full  power  by  himself,  or  by 
any  chief  commander,  or  other  officer  or  officers,  to  be  appointed  by  him 
from  time  to  time,  to  train,  instruct,  exercise,  and  govern,  the  militia  and 
navy  ;  and,  for  the  special  defence  and  safety  of  the  Commonwealth,  to  as- 
semble in  martial  array,  and  put  in  warlike  posture,  the  inhabitants  thereof, 
and  to  lead  and  conduct  them,  and  with  them  to  encounter,  expulse,  repel, 
resist,  and  pursue,  by  force  of  arms,  as  well  by  sea  as  by  land,  within  or 
without  the  limits  of  this  Commonwealth  ;  and  also  to  kill,  slay,  destroy,  and 
conquer,  by  all  fitting  ways,  enterprizes,  and  means  whatsoever,  all  and  every 
such  person  and  persons  as  shall,  at  any  time  hereafter,  in  a  hostile  manner 
attempt,  or  enterprizc  the  destruction,  invasion,  detriment,  or  annoyance  of 
this  Commonwealth  ;  and  to  use  and  exercise,  over  the  army  and  navy,  and 
over  the  militia  in  actual  service,  the  law-martial  in  time  of  war,  invasion,  or 
rebellion,  as  occasion  shall  necessarily  require ;  and  also  from  time  to  time 
to  erect  forts,  and  to  fortify  any  place  or  places  within  the  said  Common- 
wealth, and  the  same  to  furnish  with  all  necessary  ammunition,  provisions, 
and  stores  of  war,  for  offence  or  defence  ;  and  to  commit  from  time  to  time 
the  custody  and  government  of  the  same  to  such  person  or  persons  as  to 
him  shall  seem  meet :  and  in  times  of  emergency  the  said  forts  and  fortifica- 
tions to  demolish  at  his  discretion  ;  and  to  take  and  surprise,  by  all  ways  and 
means  whatsoever,  all  and  every  such  person  or  persons,  with  their  shipsj 
arms,  ammunition,  and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoying  this  Commonwealth  ;  and 
in  fine,  that  the  Governor  be  intrusted  with  all  other  powers  incident  to  the 
offices  of  Captain-General  and  Commander  in  Chief,  and  Admiral,  to  be  ex- 
ercised agreeably  to  the  rules  and  regulations  of  the  Constitution,  and  the 
laws  of  the  land. 

Provided,  that  the  said  Governor  shall  not,  at  any  time  hereafter,  b}"  virtue 
of  any  power  by  this  Constitution  granted,  or  hereafter  to  be  granted  to  hira 
by  the  legislature,  transport  any  of  the  inhabitants  of  this  Commonwealth,  or 
oblige  them  to  march  out  of  the  limits  of  the  same,  without  their  free  and 
voluntary  consent,  or  the  consent  of  the  General  Court ;  nor  grant  commis- 
sions for  exercising  the  law-martial  upon  any  of  the  inhabitants  of  this  Com- 
monwealth, without  the  advice  and  Consent  of  the  Council  of  the  same. 

IX. — The  power  of  pardoning  offences,  except  such  as  persons  may  be 
convicted  of  before  the  Senate  by  an  impeachment  of  the  House,  shall  be 
in  the  Governor,  by  and  with  the  advice  of  Council:  But  no  charter  of  par- 
don, granted  by  the  Governor,  with  advice  of  the  Council,  before  conviction, 
shall  avail  the  party  pleading  the  same  notwithstanding  any  general  or  par- 
ticular expressions  contained  therein,  descriptive  of  the  offence  or  offences 
intended  to  be  pardoned. 


207 

X. — All  judicial  officers,  tlie  Atloraey-Geiieral,  the  Solicitor-General,  all 
Sheriffs,  Coroiiere,  Registers  of  Probate,  and  Registers  of  Maritime  Courts, 
shall  be  nominated  and  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Council ;  and  every  such  nomination  shall  be  made  by 
the  Governor,  and  made  at  least  seven  days  prior  to  such  appointment. 

XI. — All  officers  of  the  militia  shall  be  appointed  by  the  Governor,  with 
the  advice  and  consent  of  the  Council  j  he  first  nominating  them  seven  days 
at  least  before  the  appointment. 

XII. — All  monies  shall  be  issued  out  of  the  treasury  of  this  Common 
wealth,  and  disposed  of  by  warrant  under  the  hand  of  the  Governor  for  the 
time  being,  with  the  advice  and  consent  of  the  Council,  for  the  necessary 
defence  and  support  of  the  Commonwealth ;  and  for  the  protection  and 
preservation  of  the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves  of 
the  General  Court. 

XIII. — All  public  Boards,  the  Commissary  General,  all  superintending 
Officers  of  public  magazines  and  stores,  belonging  to  this  Commonwealth, 
and  all  commanding  Officers  of  forts  and  garrisons  within  the  same,  shall 
once  in  evey  three  months  officially,  and  without  requisition,  and  at  other 
times,  when  required  by  the  Governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon  with  their  appendages,  and 
small  arms  with  their  accoutrements,  and  of  all  other  public  property  what- 
ever under  their  care  respectively  ;  distinguishing  the  quantity,  number, 
quality,  and  kind  of  each,  as  particularly  as  may  be  ;  together  with  the  con- 
dition of  such  forts  and  garrisons  :  and  the  said  commanding  Officers  shall 
exhibit  to  the  Goveraor,  when  required  by  him,  true  and  exact  plans  of  such 
forts,  and  of  the  land  and  sea,  or  harbour  or  harbours,  adjacent. 

And  the  said  Boards,  and  all  public  Officers,  shall  communicate  to  the 
Governor,  as  soon  as  may  be  afler  receiving  the  same,  all  letters,  dispatches, 
and  intelligences,  of  a  public  nature,  which  shall  be  directed  to  them  respec- 
tively. 

XIV. — And  to  prevent  an  undue  influence  in  this  Commonwealth,  which 
the  first  magistrate  thereof  may  acquire,  by  the  long  jiossession  of  the  im- 
portant powers  and  trusts  of  that  office;  as  also  to  stimulate  others  to  quali- 
fy themselves  for  the  service  of  the  public  in  the  highest  stations,  no  man 
shall  be  eligible  as  Governor  of  this  Commonwealth,  more  than  five  years 
in  any  seven  years. 

XV. — As  the  public  good  requires,  that  the  Governor  should  not  be  under 
the  undue  influence  of  any  of  the  members  of  the  General  Court  by 
a  dependence  on  them  for  his  support — that  he  should,  in  all  cases,  act 
with  freedom  for  the  benefit  of  the  pubUc — that  he  should  not  have  his  at- 
tention necessarily  diverted  from  that  object  to  his  private  concerns — and 


208 

that  he  should  maintain  the  dignity  of  the  Commonwealtli  in  the  character 
of  its  Chief  Magistrate — it  is  necessary,  that  he  should  have  an  honorable 
stated  salary,  of  a  fixed  and  permanent  value,  amply  sufficient  for  those 
purposes,  and  established  by  standing  laws  :  and  it  shall  be  among  the  first 
acts  of  the  General  Court,  after  the  commencement  of  this  Constitution,  to 
estabhsh  such  salary  by  law  accordingly. 

PeRxManent  and  honorable  salaries  shall  also  be  established  by  law  for 
the  Justices  of  the  Superior  Court. 

And  if  it  shall  be  found,  that  any  of  the  salaries  aforesaid,  so  established, 
are  insufficient,  they  shall,  from  time  to  time,  be  enlarged  as  the  General 
Court  shall  judge  proper. 

SECTION  11. 

Lieutenant  Governor,  and  the   ascertaining  the  Value   of  the  Money 
mentioned  in  this  Constitution,  as  Qualifications  to  Office,  Sfc. 

I. — There  shall  be  annually  elected  a  Lieutenant  Governor  of  the  Com- 
monwealth of  Massachusetts,  whose  title  shall  be HIS  HONOR — and 

who  shall  be  qualified,  in  point  of  religion,  property,  and  residence  in  the 
Commonwealth,  in  the  same  manner  with  the  Governor.  He  shall  be  cho- 
sen on  the  same  day,  in  the  same  manner,  and  by  the  same  persons.  The 
return  of  the  votes  for  this  officer,  and  the  declaration  of  his  election,  shall 
be  in  the  same  manner :  And  if  no  one  person  shall  be  found  to  have  a  ma- 
jority of  votes,  the  vacancy  shall  be  filled  by  the  Senate  and  House  of 
Representatives,  in  the  same  manner  as  the  Governor  is  to  be  elected,  in 
case  no  one  person  has  a  majority  of  the  votes  of  the  people  to  be  Gover- 
nor. 

II. — The  Lieutenant-Governor  shall  always  be,  ex-officio,  a  member,  and, 
in  the  absence  of  the  Governor,  President,  of  the  Council. 

III. — Whenever  the  chair  of  the  Governor  shall  be  vacant,  by  reason  of 
his  death,  or  absence  from  the  Commonwealth,  or  otherwise,  the  Lieuten- 
ant-Governor, for  the  time  being,  shall,  during  such  vacancy,  have  and  ex- 
ercise all  the  powers  and  authorities,  which  by  this  Constitution  the  Gover- 
nor is  vested  with,  when  personally  present. 

IV. — The  respective  values,  assigned  by  the  several  articles  of  this  Con- 
stitution, to  the  property  necessary  to  qualify  the  subjects  of  this  Common- 
wealth to  be  electors,  and  also  to  be  elected  into  several  offices,  for  the  hold- 
ing of  which  such  qualifications  are  required,  shall  always  be  computed  in 
silver  at  the  rate  of  six  shillings  and  eight  pence  per  ounce. 

V. — And  it  shall  be  in  the  power  of  the  legislature  from  time  to  time,  to 
increase  such  qualifications  of  the  persons  to  be  elected  to  offices,  as  the 
circumstances  of  the  Commonwealth  shall  require. 


209 


SECTION  III. 

Council,    and  the  Manner  of  settling  Elections   hy  the    Legislature ; 
Oaths  to  he  taken,  S^c. 

I. — There  shall  be  a  Council  for  advising  the  Governor  in  the  executive 
part  of  government,  to  consist  of  nine  persons  besides  the  Lieutenant-Gov- 
ernor, whom  the  Governor,  for  the  time  being,  shall  have  full  power  and 
authority,  from  time  to  time,  at  his  discretion,  to  assemble  and  call  together. 
And  the  Governor,  with  the  said  Counsellors,  or  live  of  them  at  least,  shall 
and  may,  from  time  to  time,  hold  and  keep  a  Council,  for  the  ordering  and 
directing  the  affairs  of  the  Commonwealth,  according  to  tlie  laws  of  the 
land. 

II. — Nine  Counsellors  shall,  out  of  the  persons  returned  for  Counsellors 
and  Senators,  be  annually  chosen,  on  the  last  Wednesday  in  May,  by  the 
joint  ballot  of  the  Senators  and  Representatives  assembled  in  one  room. 
The  seats  of  the  persons,  thus  elected  into  the  Council,  and  accepting  the 
trust,  shall  be  vacated  in  the  Senate  ;  and  in  this  manner  the  number  of  Sen- 
ators shall  be  reduced  to  thirty  one. 

III. — The  Counsellors,  in  the  civil  arrangements  of  the  Commonwealth, 
shall  have  rank  next  after  the  Lieutenant-Governor. 

IV. — Not  more  than  two  Counsellors  shall  be  chosen  out  of  any  one 
county  of  this  Commonwealth. 

V. — The  resolutions  and  advice  of  the  Council  shall  be  recorded  in  a 
register,  and  signed  by  the  members  present ;  and  this  record  may  be  called 
for  at  any  time  by  either  House  of  the  legislature  ;  and  any  member  of  the 
Council  may  insert  his  opinion  contrary  to  the  resolution  of  the  majority. 

VI. —  Whenever  the  office  of  the  Governor  and  Lieutenant-Governor 
shall  be  vacant,  by  reason  of  death,  absence,  or  otherwise,  then  the  Council, 
or  the  major  part  of  them,  shall,  during  such  vacancy,  have  full  power  and 
authority,  to  do,  and  execute,  all  and  every  such  acts,  matters  and  things,  as 
the  Governor  or  the  Lieutenant-Governor  might  or  could,  by  virtue  of  this 
Constitution,  do  or  execute,  if  they,  or  either  of  them,  were  personally  pre- 
sent. 

VII. — And  whereas  the  elections  appointed  to  be  made  by  this  Constitu- 
tion, on  the  last  Wednesday  in  May  annually,  by  the  two  Houses  of  the 
legislature,  may  not  be  completed  on  that  day,  the  said  elections  raay  be  ad- 
journed from  day  to  day  until  the  same  shall  be  completed.  And  the  order 
of  elections  shall  be  as  follows,  the  vacancies  in  the  Senate,  if  any,  shall  first 
be  filled  up,  the  Governor  and  Lieutenant-Governor  shall  then  be  elected ; 


210 

provided  there  should  be  no  choice  of  them  by  the  people :   and  afterwards 
the  two  Houses  shall  proceed  to  the  election  of  the  Council. 

VIII. — The  Lieutenant-Governor,  Counsellors,  Senators,  and  Members 
of  the  House  of  Representatives,  shall,  before  they  enter  on  the  execution 
of  their  respective  offices,  make  and  subscribe  the  same  declaration,  and 
take  the  same  oath,  (mutatis  mutandis)  which  the  Governor  is  directed  by 
this  Constitution  to  make,  subscribe  and  take. 

And  every  person,  appointed  to  any  civil  or  military  office  of  this  Com- 
monwealth, shall,  previous  to  his  entering  on  the  execution  of  his  office, 
make  and  subscribe  the  following  declaration,  (mutatis  mutandis)  viz. — 

I,  A.  B.  being  appointed  do  now  declare,  that  I  believe  and  pro- 

fess the  christian  religion,  from  a  firm  persuasion  of  the  truth  thereof. 

And  he  shall  likewise  take  an  oath  of  the  form  following,  (mutatis  mutan- 
dis) viz.— 

I,  A.  B.  do  solemnly  swear,  that  I  will  bear  faith,  and  true  allegiance 
to  the  Commonwealth  of  Massachusetts  ;  that  I  will  faithfully  and  impar- 
tially discharge,  and  perform  all  the  duties  incumbent  on  me  as  ac- 
cording to  the  best  of  my  abilities  and  understanding,  agreeably  to  the  rules 
and  regulations  of  the  Constitution  ;  and  that  I  will  not  attempt,  or  consent 
to,  a  violation  thereof.         So  help  me  GOD. 

Provided  notwithstanding,  that  any  person,  so  appointed,  who  has  con- 
scientious scruples  relative  to  taking  oaths,  may  be  admitted  to  make  solemn 
affirmation,  under  the  pains  and  penalties  of  perjury,  to  the  truth  of  the 
^matters,  contained  in  the  form  of  the  said  oath,  instead  of  taking  the  same. 

SECTION  IV. 

Secretary,  Treasurer,  Commissary,  S^c. 

I, — The  Secretary,  Treasurer  and  Receiver-General,  and  the  Commissary- 
Oeneral,  Notaries-Public,  and  Naval-Officers,  shall  be  chosen  annually,  by 
joint  ballot  of  the  Senators  and  Representatives  in  one  room.  And  that  the 
citizens  of  this  Commonwealth  may  be  assured,  from  time  to  time,  that  the 
monies  remaining  in  the  public  Treasury,  upon  the  settlement,  and  liquida- 
tion of  the  public  accounts,  are  their  property,  no  man  shall  be  ehgible  as 
Treasurer  and  Receiver- General  more  than  five  years  successively. 

II. — The  records  of  the  Commonwealth  shall  be  kept  in  the  office  of  the 
Secretary,  who  shall  attend  the  Governor  and  Council,  the  Senate  and 
House  of  Representatives,  in  person,  or  by  his  Deputies,  as  they  shall  re- 
spectively require. 


211 


CHAPTER  IV. 


Judiciary  Power. 

Art.  I. — ^The  tenure,  that  all  commission  officers  by  law  hold  in  their  of- 
fices, shall  be  expressed  in  their  respective  commissions.  All  judicial  officers 
duly  appointed,  commissioned  and  sworn,  shall  hold  their  offices  during 
good  behavior  :  Provided  nevertheless,  the  Governor,  with  consent  of  the 
Council,  may  remove  them  upon  the  address  of  both  Houses  of  the  Legis- 
lature :  and  all  other  officers,  appointed  by  the  Governor  and  Council,  shall 
hold  their  offices  during  pleasure. 

II. — No  Justice  of  the  Superior  Court  of  Judicature,  Court  of  Assize,  and 
General  Gaol  Delivery,  shall  have  a  seat  in  the  Senate,  or  House  of  Repre- 
sentatives. 

III. — The  Senate,  nevertheless,  as  well  as  the  Governor  and  Council, 
shall  have  authority  to  require  the  opinions  of  the  Judges  upon  important 
questions  of  law,  and  upon  solemn  occasions. 

IV. — In  order  that  the  people  may  not  suffer  from  the  long  continuance 
in  place  of  any  Justice  of  the  Peace,  who  shall  fail  of  discharging  the  im- 
portant duties  of  his  office,  with  ability  or  fidelity,  all  commissions  of  Justi- 
ces of  the  Peace  shall  expire  and  become  void,  in  the  term  of  seven  years, 
from  their  respective  dates  ;  and  upon  the  expiration  of  any  commission,  the 
Governor  and  Council  may,  if  necessary,  renew  such  commissions,  or  ap- 
point another  person,  as  shall  most  conduce  to  the  well-being  of  the  Com- 
monwealth. 

V. — The  Judges  of  Probate  of  Wills,  and  for  granting  letters  of  admin- 
istration, shall  hold  their  courts  at  such  place  or  places,  on  fixed  days,  as  the 
convenience  of  the  people  shall  require.  And  the  legislature  shall,  from 
time  to  time,  hereafter  appoint  such  times  and  places :  until  which  appoint- 
ments, the  said  courts  shall  be  holden  at  the  times  and  places,  which  the  re- 
spective Judges  shall  direct. 

VI. — All  causes  of  mamage,  divorce  and  alimony,  shall  be  determined 
by  the  Senate ;  and  all  appeals  froni  the  Judges  of  Probate  shall  be  heard, 
and  determined,  by  the  Governor  and  Council,  until  the  legislature  shall,  by 
law,  make  other  provision. 


212 


CHAPTER  V. 

Delegates  to  Congress ^  Commissions,  Writs,  Indictments,   Sfc.   Confii'- 
mation  of  Laws, — Habeas  Corpus, — and  enacting  Style. 

Art.  I. — The  Delegates  of  this  Commonwealth  to  the  Congress  of  the 
United  States  of  America,  shall,  on  the  second  Wednesday  of  November,  if 
the  General  Court  be  then  sitting,  or  on  the  second  Wednesday  of  the  Ses- 
sion next  after,  be  elected  annually,  by  the  joint  ballot  of  the  Senate,  and 
House  of  Representatives,  assembled  together  in  one  room.  They  shall 
have  commissions  under  the  hand  of  the  Governor,  and  under  the  great  seal 
of  the  Commonwealth  ;  but  may  be  recalled  at  any  time  within  the  year,  and 
others  chosen  and  commissioned,  in  the  same  manner,  in  their  stead. 

II, — All  commissions  shall  be  in  the  name  of  the  Commonwealth  of 
Massachusetts,  signed  by  the  Governor,  and  attested  by  the  Secretaiy  or  his 
Deputy ;  and  have  the  great  seal  of  the  Commonwealth  affixed  thereto. 

III. — All  writs,  issuing  out  of  the  clerk's  office  in  any  of  the  courts  of 
law,  shall  be  in  the  name  of  the  Commonwealth  of  Massachusetts.  They 
shall  be  under  the  seal  of  the  court,  from  whence  they  issue.  They  shall 
bear  test  of  the  Chief  Justice,  or  first,  or  senior  Justice  of  the  Court,  to 
which  they  shall  be  returnable,  and  be  signed  by  the  clerk  of  such  court. 

IV. — All  indictments,  presentments,  and  informations,  shall  conclude, 
**  against  the  peace  of  the  Commonwealth  and  the  dignity  of  the  same." 

V. — All  the  statute-laws  of  the  Province,  Colony,  or  State,  of  Massachu- 
setts-Bay, the  common  law,  and  all  such  parts  of  the  English  or  British 
statutes,  as  have  been  adopted,  used  and  approved  in  the  said  Province, 
Colony,  or  State,  and  usually  practised  on  in  the  courts  of  law,  shall  still  re- 
main and  be  in  full  force,  until  altered  or  repealed  by  the  legislature  ;  such 
parts  only  excepted  as  are  repugnant  to  the  rights,  and  liberties,  contained 
in  this  Constitution. 

VI. — The  privilege  and  benefit  of  the  writ  of  Habeas  Corpus  shall  be  en- 
joyed in  this  Commonwealth,  in  the  most  free,  easy,  cheap,  expeditious,  and 
ample  manner ;  and  shall  not  be  suspended  by  the  Legislature,  except  upon 
the  most  urgent  and  pressing  occasions,  and  for  a  short  and  limited  time. 

VII. — The  enacting  style,  in  making  and  passing  all  acts,  statutes  and 
laws,  shall  be — "  Be  it  enacted  by  his  Excellency  the  Governor,  the  Senate, 
and  House  of  Representatives,  in  General  Court  assembled,  and  by  the  au- 
thority of  the  same." Or,  "  By  his  Honor  tlie  Lieutenant-Governor," 

&c,  or  "  The  Honorable  the  Council,"  &c.  as  the  case  may  be. 


213 


CHAPTER  VL 

The  University  at  Cambridge^  and  Encouragement  of  Literature,  S^c. 

SECTION  I. 

The  University. 

Art.  I. — Whereas  our  wise  and  pious  ancestors,  so  early  as  the  year  one 
tliousand  six  iiundred  and  thirty  six,  laid  the  foundation  of  Harvard-College, 
in  which  University  many  persons  of  great  eminence  have,  by  the  blessing 
of  GOD,  been  initiated  in  those  arts  and  sciences,  which  qualified  them  for 
public  employments,  both  in  Church  and  State  :  And  whereas  the  encour- 
agement of  Arts  and  Sciences,  and  all  good  literature,  tends  to  the  honor  of 
GOD,  the  advantage  of  the  christian  religion,  and  the  great  benefit  of  this, 
and  the  other  United  States  of  America — It  is  declared.  That  the  PRESI- 
DENT and  FELLOWS  OF  HARVARD-COLLEGE,  in  their  corporate 
capacity,  and  their  successors  in  that  capacity,  their  officers  and  servants, 
shall  have,  hold,  use,  exercise,  and  enjoy  all  the  powers,  authorities,  rights, 
liberties,  privileges,  immunities  and  franchises,  which  they  now  have,  or 
are  entitled  to  have,  hold,  use,  exercise  and  enjoy :  and  the  same  are  hereby 
ratified  and  confirmed  unto  them,  the  said  President  and  Fellows  of  Har- 
vard-College, and  to  their  successors,  and  to  their  officers  and  servants,  re- 
spectively, forever. 

IL — And  whereas  there  have  been,  at  sundry  times,  by  divers  persons, 
gifts,  grants,  devises,  of  houses,  lands,  tenements,  goods,  chattels,  legacies 
and  conveyances,  heretofore  made,  either  to  Harvard-College  in  Cambridge, 
in  New-England,  or  to  the  President  and  Fellows  of  Harvard-College,  or  to 
the  said  College,  by  some  other  description,  under  several  Chartei*s  succes- 
sively :  IT  IS  DECLARED,  That  all  the  said  gifts,  grants,  devises,  legacies 
and  conveyances,  are  hereby  forever  confirmed  unto  the  President  and  Fel- 
lows of  Harvard-College,  and  to  their  successoi-s,  in  the  capacity  aforesaid, 
according  to  the  true  intent,  and  meaning  of  the  donor  or  donors,  grantor 
or  grantors,  devisor  or  devisors. 

HI. — And  whereas,  by  an  act  of  the  General  Court  of  the  Colony  of 
Massachusetts-Bay,  passed  in  the  year  one  thousand  six  hundred  and  forty 
two,  the  Governor  and  Deputy-Governor,  for  the  time  being,  and  all  the  mag- 
istrates of  that  jurisdiction,  were,  with  the  President,  and  a  number  of  the  Cler- 

28 


214 

gy,  in  the  said  act  described,  constituted  the  Overseers  of  Harvard-College  : 
And  it  being  necessary,  in  this  new  Constitution  of  Government,  to  ascertain 
who  shall  be  deemed  Successors  to  the  said  Governor,  Deputy-Governor,  and 
Magistrates :  IT  IS  DECLARED,  That  the  Governor,  Lieutenant-Governor, 
Council  and  Senate  of  this  Commonwealth,  are,  and  shall  be  deemed,  their 
Successors ;  who,  with  the  President  ot  Harvard-College,  for  the  time  being, 
together  with  the  Ministers  of  the  Congregational  churches,  in  the  towns  of 
Cambridge,  Watertown,  Charlestown,  Boston,  Roxbury,  and  Dorchester, 
mentioned  in  the  said  act,  shall  be,  and  hereby  are,  vested  with  all  the  pow- 
ers and  authority  belonging,  or  in  any  way  appertaining  to  the  Overseers  of 
Harvard-College  ;  provided,  that  nothing  herein  shall  be  construed  to  pre- 
vent the  Legislature  of  this  Commonwealth  from  making  such  alterations  in 
the  Government  of  the  said  University,  as  shall  be  conducive  to  its  advant- 
age, and  the  interest  of  the  Republic  of  Letters,  in  as  full  a  manner  as 
might  have  been  done  by  the  Legislature  of  the  Province  of  the  Massachu- 
setts-Bay. 

SECTION  II. 

The  Encouragement  of  Literature^  Sfc. 

Wisdom,  and  knowledge,  as  well  as  virtue,  diffused  generally  among  the 
body  of  the  people,  being  necessaiy  for  the  preservation  of  their  rights  and 
liberties  ;  and  as  these  depend  on  spreading  the  opportunities  and  advantages 
of  education  in  the  various  parts  of  the  country,  and  among  the  different 
orders  of  the  people,  it  shall  be  the  duty  of  legislatoi*s  and  magistrates,  in  all 
future  periods  of  this  Commonwealth,  to  cherish  the  interests  of  literature 
and  the  sciences,  and  all  seminaries  of  them  ;  especially  the  university  at 
Cambridge,  public  schools  and  grammar  schools  in  the  towns  ;  to  encourage 
private  societies  and  public  institutions,  rewards  and  immunities,  for  the 
promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  manufactures, 
and  a  natural  history  of  the  country ;  to  countenance  and  inculcate  the 
principles  of  humanity  and  general  benevolence,  public  and  private  charity, 
industry  and  frugality,  honesty  and  punctuahty  in  their  dealings,  sincerity, 
good  humor,  and  all  social  affections,  and  generous  sentiments  among  the 
people. 


215 


CHAPTERVII.  AND  LAST. 


Continuance  of  Officers,  S^c. 

To  the  end  there  may  be  no  failure  of  justice,  or  danger  arise  to  the  Com 
monwealth  from  a  change  of  the  form  of  government,  all  officers,  civil  and 
military,  holding  commissions  under  the  government  and  people  of  Massa- 
chusetts-Bay, in  New-England,  and  all  other  officers  of  the  said  government 
and  people  at  the  time  this  Constitution  shall  take  effect,  shall  have,  hold, 
use,  exercise,  and  enjoy  all  the  powers  and  authority  to  them  granted  or 
committed,  until  other  persons  shall  be  appointed  in  their  stead  ;  And  all 
courts  of  law  shall  proceed  in  the  execution  of  the  business  of  their  respec- 
tive departments ;  and  all  the  executive  and  legislative  officers,  bodies  and 
powers,  shall  continue  in  full  force,  in  the  enjoyment  and  exercise  'of  all 
their  trusts,  employments  and  authority,  until  the  General  Court,  and  the  su- 
preme and  executive  officers,  under  this  Constitution,  are  designated,  and  in- 
vested with  their  respective  trusts,  powers  and  authority. 


216 


NO.  Ill, 


AN  ADDRESS  OF  THE  CONVENTION,  for  Framing  a  JVew  Consti- 
tution of  Government,  for  the  STATE  OF  MASSACHUSETTS-BAY, 
to  their  CONSTITUENTS. 


FRIENDS  AND  COUNTRYMEN,— 

Having  had  your  Appointment  and  Instruction,  we  have  undertaken  the 
arduous  Task  of  preparing  a  civil  Constitution  for  the  People  of  the  Mas- 
sachusetts-Bay ;  and  we  now  submit  it  to  your  candid  Consideration.  It  is 
your  Interest  to  revise  it  with  the  greatest  Care  and  Circumspection,  and  it 
is  your  undoubted  Right,  either  to  propose  such  Alterations  and  Amend- 
ments as  you  shall  judge  proper,  or,  to  give  it  your  own  Sanction  in  its 
present  Form,  or,  totally  to  reject  it. 

In  framing  a  Constitution,  to  be  adapted  as  far  as  possible  to  the  Circum- 
stances of  Posterity  yet  unboni,  you  will  conceive  it  to  be  exceedingly  diffi- 
cult, if  not  impracticable,  to  succeed  in  every  part  of  it,  to  the  full  Satisfac- 
tion of  all.  Could  the  whole  Body  of  the  People  have  Convened  for  the 
same  Purpose,  there  might  have  been  equal  Reason  to  conclude,  that  a 
perfect  Unanimity  of  Sentiments  would  have  been  an  Object  not  to  be  ob- 
tained. In  a  Business  so  universally  interesting,  we  have  endeavored  to  act 
as  became  the  Representatives  of  a  wise,  understanding  and  free  People  ; 
and,  as  we  have  Reason  to  believe  you  would  yourselves  have  done,  we  have 
opened  our  Sentiments  to  each  other  with-  Candor,  and  made  such  mutual 
Concessions  as  we  could  consistently,  and  without  marring  the  only  Plan, 
which  in  our  most  mature  Judgment  we  can  at  present  offer  to  you. 

The  Interest  of  the  Society  is  common  to  all  its  Members.  The  great 
Enquiry  is,  wherein  this  Common  Interest  consists.  In  determining  this 
Question,  an  Advantage  may  arise  from  a  Variety  of  Sentiments  offered  to 
public  Examination  concerning  it.  But  wise  Men  are  not  apt  to  be  obsti- 
nately tenacious  of  their  own  Opinions :  They  will  always  pay  a  due  Re- 
gard to  those  of  other  Men  and  keep  their  minds  open  to  Conviction.  We 
conceive,  that  in  the  present  instance,  by  accommodating  ourselves  to  each 
other,  and  individually  yielding  particular  and  even  favorite  Opinions  of 
smaller  moment,  to  essential  Principles,  and  Considerations  of  general  Util- 
ity, the  public  Opinion  of  the  Plan  now  before  you  may  be  consolidated. — 


217 

But  without  such  mutual  Condescension  in  unim[iortant  Matters,  we  may 
almost  venture  to  predict,  that  we  shall  not  soon,  if  ever,  be  bless'd  with 
such  a  Constitution  as  those  are  intitled  to,  who  have  struggled  hard  for 
Freedom  and  Independence.  You  will  permit  us  on  this  Occasion,  just  to 
hint  to  you  our  own  Apprehension,  that  there  may  be  amongst  us,  some 
Persons  disaffected  to  that  great  Cause  for  which  we  are  contending,  who 
may  be  secretly  instructed  by  our  common  Enemy  to  divide  and  distract  us ; 
in  hopes  of  preventing  our  Union  in  any  Form  of  Government  whatever, 
and  by  this  Means  of  depriving  us  of  the  most  honorable  Testimony,  as  well 
as  the  greatest  Security  of  our  Freedom  and  Independence. — If  there  be 
such  Men,  it  is  our  Wisdom  to  mark  them,  and  guard  ourselves  against 
their  Designs. 

We  may  not  expect  to  agree  in  a  perfect  System  of  (government :  This  is 
not  the  Lot  of  Mankind.  The  great  End  of  Government,  is,  to  promote  the 
Supreme  Good  of  human  Society :  Every  social  affection  should  therefore 
be  interested  in  the  Forming  of  a  Government  and  in  judging  of  one  when 
it  is  Formed.  Would  it  not  be  prudent  for  Individuals  to  cast  out  of  the 
Scale  smaller  considerations,  and  fall  in  with  an  evident  Majority,  unless  in 
Matters  in  which  their  Consciences  shall  constrain  them  to  determine  other- 
wise ?  Such  a  Sacrifice,  made  for  the  sake  of  Union  ,would  afford  a  strong  Ev- 
idence of  public  Affection  ;  and  Union  strengthened  by  the  social  Feeling, 
would  promise  a  gieater  Stability  to  any  Constitution,  and,  in  its  operation, 
a  greater  Degree  of  Happiness  to  the  Society.  It  is  here  to  be  remembered, 
that  on  the  Expiration  of  Fifteen  Years  a  new  Convention  may  be  held,  in 
order  that  such  Amendments  may  be  made  in  the  plan  you  may  now  agree 
to,  as  Experience,  that  best  Instructor,  shall  then  point  out  to  be  expedient  or 
necessary. 

A  Government  without  Power  to  exert  itself,  is  at  best,  but  an  useless 
Piece  of  Machinery.  It  is  probable,  that  for  the  want  of  Energy,  it  would 
speedily  lose  even  the  Appearance  of  Government,  and  sink  into  Anarchy. 
Unless  a  due  Proportion  of  Weight  is  given  to  each  of  the  Powers  of  Gov- 
ernment, there  will  soon  be  a  Confusion  of  the  whole.  An  Overbearing  of 
any  one  of  its  Parts  on  the  rest,  would  destroy  the  Balance  and  accelerate 
its  Dissolution  and  Ruin :  And,  a  Power  without  any  Restraint  is  Tyranny. 
The  Powers  of  Government  must  then  be  balanced :  To  do  this  accurately 
requires  the  highest  Skill  in  political  Architecture.  Those  who  are  to  be  in- 
vested with  the  Administration,  should  have  such  Powers  given  to  them,  as 
are  requisite  to  render  them  useful  in  their  respective  Places ;  and  such 
checks  should  be  added  to  every  Branch  of  Power  as  may  be  sufficient  to 
prevent  its  becoming  formidable  and  injurious  to  the  Commonwealth.  If 
we  have  been  so  fortunate  as  to  succeed  in  this  point  of  the  greatest  Impor- 
tance, our  Happiness  will  be  complete,  in  the  Prospect  of  having  laid  a  good 
Foundation  for  many  Generations.  You  are  the  judges  how  far  we  have 
succeeded ;  and  whether  we  have  raised  our  Superstructure,  agreeably  to 
our  professed  Design,  upon  the  Principles  of  a  Free  Commonwealth. 


218 

In  order  to  assist  your  Judgments,  we  have  thought  it  necessary,  briefly  to 
explain  to  you  the  Grounds  and  Reasons  upon  which  we  have  formed  our 
Plan.  In  the  third  article  of  the  Declaration  of  Rights,  we  have,  with  as 
much  Precision  as  we  were  capable  of,  provided  for  the  free  exercise  of  the 
Rights  of  Conscience :  We  are  very  sensible  that  our  Constituents  hold 
those  Rights  infinitely  more  valuable  than  all  others ;  and  we  flatter  our- 
selves, that  while  we  have  considered  Morality  and  the  Public  Worship  of 
GOD,  as  important  to  the  happiness  of  Society,  we  have  sufliciently  guard- 
ed the  rights  of  Conscience  from  every  possible  infringement.  This  Article 
underwent  long  debates,  and  took  Time  in  proportion  to  its  importance ;  and 
we  feel  ourselves  peculiarly  happy  in  being  able  to  inform  you,  that  though 
the  debates  were  managed  by  persons  of  various  denominations,  it  was  final- 
ly agreed  upon  with  much  more  Unanimity  than  usually  takes  place  in  dis- 
quisitions of  this  Nature.  We  wish  you  to  consider  the  Subject  with  Can- 
dor, and  Attention.  Surely  it  would  be  an  affront  to  the  People  of  Massa- 
chusetts-Bay to  labour  to  convince  them,  that  the  Honor  and  Happiness  of  a 
People]  depend  upon  Morality ;  and  that  the  Public  Worship  of  GOD  has 
a  tendency  to  inculcate  the  Principles  thereof,  as  well  as  to  preserve  a  Peo- 
ple from  forsaking  Civilization,  and  falling  into  a  state  of  Savage  barbar- 
ity. 

In  the  form  now  presented  to  you,  there  are  no  more  Departments  of 
Government  than  are  absolutely  necessary  for  the  free  and  full  Exercise  of 
the  Powers  thereof.  The  House  of  Representatives  is  intended  as  the  Rep- 
resentative of  the  Persons,  and  the  Senate  of  the  property  of  the  Common- 
wealth. These  are  to  be  annually  chosen  and  to  sit  in  separate  Bodies,  each 
having  a  Negative  upon  the  Acts  of  [the]  other.  This  Power  of  a  Negative 
in  each  must  ever  be  necessary  ;  for  all  Bodies  of  Men,  assembled  upon  the 
same  occasion  and  united  by  one  common  Interest  of  Rank,  Honor,  or  Es- 
tate, are  liable,  like  an  individual,  to  mistake,  bias  and  prejudice.  These  two 
Houses  are  vested  with  the  Powers  of  Legislation,  and  are  to  be  chosen  by 
the  Male  Inhabitants  who  are  Twenty  one  Years  of  age,  and  have  a  Free- 
hold of  the  small  annual  Income  of  Three  Pounds,  or  Sixty  Pounds  in  any 
Estate.  Your  Delegates  considered  that  Persons  who  are  Twenty  one 
Years  of  age,  and  have  no  Property,  are  either  those  who  live  upon  a  part 
of  a  Paternal  estate,  expecting  the  Fee  thereof,  who  are  but  just  entering  in- 
to business.  Or  those  whose  Idleness  of  Life  and  profligacy  of  manners  will 
forever  bar  them  from  acquiring  and  possessing  Property.  And  we  will 
submit  it  to  the  former  class,  whether  they  would  not  think  it  safer  for  them 
to  have  their  right  of  Voting  for  a  Representative  suspended  for  [a]  small 
space  of  Time,  than  forever  hereafter  to  have  their  Privileges  liable  to  the 
control  of  Men,  who  will  pay  less  regard  to  the  Rights  of  Property  because 
they  have  nothing  to  lose. 

The  Power  of  Revising,  and  stating  objections  to  any  Bill  or  Resolve  that 
shall  be  passed  by  the  two  Houses,  we  were  of  opinion  ought  to  be  lodged 


219 

in  tlie  hands  of  some  one  pei-son  ;  not  only  to  preserve  the  Laws  from  being 

unsystematical  and  inaccurate,  but  that  a  due  balance  may  be  preserved  iflr 

the  three  capital  powers  of  Government.     The  Legislative,  the  Judicial  and 
Executive  Powers  naturally  exist  in  every  Government :  And  the  History;; 
of  the  rise  and  fall  of  the  Empires  of  the  World  affords  us  ample  proof,  that) 
when  the  same  Man  or  Body  of  Men  enact,  interpret  and  execute  the  Laws,\  \        . 
property  becomes  too  precarious  to  be  valuable,  and  a  People  are  finally  1    \y 
borne  down  with  the  force  of  corruption  resulting  from  the  Union  of  those  [ 
Powers.     The  Governor  is  emphatically  the  Representative  of  the  whole : 
People,  being  chosen  not  by  one  Town  or  County,  but  by  the  People  at 
large.     We  have  therefore  thought  it  safest  to  rest  this  Power  in  his  hands  ; 
and  as  the  Safety  of  the  Commonwealth  requires,  that  there  should  be  one 
Commander  in  Chief  over  the  Militia,  we  have  given  the  Governor  that 
Command  for  the  same  reason,  that  we  thought  him  the  only  proper  Person 
that  could  be  trusted  with  the  power  of  revising  the  Bills  and  Resolves  of 
the  General  Assembly ;  but  the  People  may  if  they  please  choose  their  own 
Officers. 

You  will  observe  that  we  have  resolved,  that  Representation  ought  to  be 
founded  on  the  Principle  of  equality ;  but  it  cannot  be  understood  thereby 
that  each  Town  in  the  Commonwealth  shall  have  Weight  and  importance 
in  a  just  proportion  to  its  Numbers  and  property.  An  exact  Representation 
would  be  unpracticable  even  in  a  System  of  Government  arising  from  the 
State  of  Nature,  and  much  more  so  in  a  state  already  divided  into  nearly 
three  hundred  Corporations.  But  we  have  agreed  that  each  Town  having 
One  hundred  and  fifty  Rateable  Polls  shall  be  entitled  to  send  one  Member, 
and  to  prevent  an  advantage  arising  to  the  greater  towns  by  their  numbers, 
have  agreed  that  no  Town  shall  send  two  unless  it  hath  three  hundred  and 
seventy-five  Rateable  Polls,  and  then  the  still  larger  Towns  are  to  send  one 
Member  for  every  two  hundred  and  twenty -five  Rateable  Polls  over  and  * 
above  Three  hundred  and  seventy-five.  This  method  of  calculation  will 
give  a  more  exact  Representation,  when  applied  to  all  the  Towns  in  the  State, 
than  any  that  we  could  fix  upon. 

We  have  however  digressed  from  this  rule  in  admitting  the  small  Towns 
now  incorporated  to  send  Members.  There  are  but  a  few  of  them  which 
will  not,  from  their  continual  increase,  be  able  to  send  one  upon  the  above 
plan  in  a  very  little  Time.  And  the  few  who  will  never  probably  have  that 
number  have  been  heretofore  in  the  exercise  of  this  privilege,  and  will  now 
be  very  unwilling  to  relinquish  it. 

To  prevent  the  governor  from  abusing  the  Power  which  is  necessary  to 
be  put  into  his  hands,  we  have  provided  that  he  shall  have  a  Council  to  ad- 
vise him  at  all  Times  and  upon  all  important  Occasions,  and  he  with  the  ad- 
vice of  his  Council  is  to  have  the  Appointment  of  Civil  Officers.  This  was 
very  readily  agreed  to  by  your  Delegates,  and  will  undoubtedly  be  agreeable 


220 

lo  their  Constituents ;  for  if  tliose  Officers  who  are  to  interpret  and  execute 
the  Laws  are  to  be  dependent  upon  the  Election  of  the  people,  it  must  forev- 
er keep  them  under  the  Control  of  ambitious,  artful  and  interested  men, 
who  can  obtain  most  Votes  for  them. — If  they  were  to  be  Appointed  by  the 
Two  Houses  or  either  of  them,  the  persons  appointing  them  would  be  too 
numerous  to  be  accountable  for  putting  weak  or  wicked  Men  into  Office. 
Besides  the  House  is  designed  as  the  Grand  Inquest  of  the  Commonwealth, 
and  are  to  impeach  Officers  for  malconduct;  the  Senate  are  to  try  the 
Merits  of  such  impeachments ;  it  would  be  therefore  unfit  that  they  should 
have  the  Creation  of  those  Officers  which  the  one  may  impeach  and  the 
other  remove  :  but  we  conceive  there  is  the  greatest  propriety  in  Vesting  the 
Governor  with  this  Power,  he  being,  as  we  have  before  observed,  the  com- 
plete representative  of  all  the  People,  and  at  all  Times  liable  to  be  impeach- 
ed by  the  House  before  the  Senate  for  maladministration.  And  we  would 
here  observe  that  all  the  Powers  which  we  have  given  the  Governor  are  ne- 
cessary to  be  lodged  in  the  hands  of  one  Man,  as  the  General  of  the  Army 
and  first  Magistrate,  and  none  can  be  entitled  to  it  but  he  who  has  the  An- 
nual and  United  Suffi*ages  of  the  whole  Commonwealth. 

You  will  readily  conceive  it  to  be  necessary  for  your  own  Safety,  that 
your  Judges  should  hold  their  Offices  during  good  behaviour;  for  Men  who 
liold  their  places  upon  so  precarious  a  Tenure  as  annual  or  other  frequent 
Appointments  will  never  so  assiduously  apply  themselves  to  study  as  will  be 
necessaiy  to  the  filling  their  places  with  dignity.  Judges  should  at  all  Times 
feel  themselves  independent  and  free. 

Your  Delegates  have  further  provided  that  the  Supreme  Judicial  Depart- 
ment, by  fixed  and  ample  Salaries,  may  be  enabled  to  devote  themselves 
wholly  to  the  Duties  of  their  important  Office.  And  for  this  reason,  as  well 
as  to  keep  this  Department  separate  from  the  others  in  Government,  have 
excluded  them  from  a  Seat  in  the  Legislature  ;  and  when  our  Constituents 
consider  that  the  final  Decision  of  their  Lives  and  Property  must  be  had  in 
this  Court,  we  conceive  they  will  universally  approve  the  measure.  The 
Judges  of  Probate,  and  those  other  officers  whose  presence  is  always  neces- 
sary in  their  respective  Counties,  are  also  excluded. 

We  have  attended  to  the  inconveniencies  suggested  to  have  arisen  from 
having  but  one  Judge  of  Probate  in  each  County;  but  the  erecting  and  al- 
tering Courts  of  Justice  being  a  mere  matter  of  Legislation,  we  have  left  it 
with  your  future  Legislature  to  make  such  Alterations  as  the  Circumstances 
of  the  several  Counties  may  require. 

Your  Delegates  did  not  conceive  themselves  to  be  vested  with  Power  to 
set  up  one  Denomination  of  Christians  above  another ;  for  llehgion  must  at 
all  Times  be  a  matter  between  GOD  and  individuals  :  But  we  have  never- 
theless, found  ourselves  obliged  by  a  Solemn  Test,  to  provide  for  the  exclu- 


221 

sion  of  those  from  Offices  who  will  not  disclaim  those  Principles  of  Spiritual 
Jurisdiction  which  Roman  Catholicks  in  some  Countries  have  held,  and 
which  are  subversive  of  a  free  Government  established  by  the  People.  We 
find  it  necessary  to  continue  the  former  Laws,  and  Modes  of  proceeding  in 
Courts  of  Justice,  until  a  future  Legislature  shall  alter  them  :  For,  unless  this 
is  done,  the  title  to  Estates  will  become  precarious,  Law-suits  will  be  multi- 
plied, and  universal  Confusion  must  take  place.  And  least  the  Common- 
wealth, for  want  of  a  due  Administration  of  Civil  Justice,  should  be  involved 
in  Anarchy,  we  have  proposed  to  continue  the  present  Magistrates  and  Offi- 
cers until  new  Appointments  shall  take  place. 

Thus  we  have,  with  plainness  and  sincerity,  given  you  the  Reasons  upon 
which  we  founded  the  principal  parts  of  the  System  laid  before  you,  which 
appeared  to  us  as  most  necessary  to  be  explained  :  And  we  do  most  humbly 
beseech  the  Great  Disposer  of  all  Events,  that  we  and  our  Posterity  may  be 
established  in,  and  long  enjoy  the  Blessings  of  a  well-ordered  and  free  Gov- 
ernment. 

In  the  ^ame,  and  pursuant  to  a  Resolution  of  the  Convention, 

JAMES  BOWDOIN,     President. 

Attest. 

SAMUEL  BARRETT,     Secretary. 


29 


222 


NO.  IV. 


A  CONSTITUTION  OR  FRAME  OF  GOVERNMENT,  Agreed  upon  by 
the  Delegates  of  the  People  of  the  STATE  OF  MASSACHUSETTS- 
BAY, — In  Convention, — Begun  and  held  at  Cambridge,  on  the  First  of  Sep- 

tember,  1779,  and  continued  by  Adjournments  to  the  Second  of  March 
1780. 


PREAMBLE. 

The  end  of  the  institution,  maintenance  and  administration  of  govern- 
ment, is  to  secure  the  existence  of  the  body-pohtic  ;  to  protect  it ;  and  to  fur- 
nish the  individuals  who  compose  it,  with  the  power  of  enjoying,  in  safety 
and  tranquillity,  their  natural  rights,  and  the  blessings  of  life  ;  And  whenever 
these  great  objects  are  not  obtained,  the  people  have  a  right  to  alter  the  gov- 
ernment, and  to  take  measures  necessaiy  for  their  safety,  prosperity  and  hap- 
piness. 

The  body -politic  is  formed  by  a  voluntary  association  of  individuals  :  It  is 
a  social  compact,  by  which  the  whole  people  covenants  with  each  citizen, 
and  each  citizen  with  the  whole  people,  that  all  shall  be  governed  by  certain 
laws  for  the  common  good.  It  is  the  duty  of  the  people,  therefore,  in  fra- 
ming a  Constitution  of  Government,  to  provide  for  an  equitable  mode  of 
making  laws,  as  well  as  for  an  impartial  interpretation,  and  a  faithful  execu- 
tion of  them  ;  that  every  man  may,  at  all  times,  find  his  security  in  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowledging,  with  grateful 
hearts,  the  goodness  of  the  Great  Legislator  of  the  Universe,  in  affording  us, 
in  the  course  of  His  providence,  an  opportunity,  deliberately  and  peaceably, 
without  fraud,  violence  or  surprise,  of  entering  into  an  original,  explicit,  and 
solemn  compact  with  each  other  ;  and  of  forming  a  new  Constitution  of 
Civil  Government,  for  ourselves  and  posterity  ;  and  devoutly  imploring  His 
direction  in  so  interesting  a  design,  DO  agree  upon,  ordain  and  establish, 
the  following  Declaration  of  Rights,  and  Frame  of  Government,  as  the  CON- 
STITUTION of  the  COMMONWEALTH  of  MASSACHUSETTS. 


r 


223 


PART  THE  FIRST 


A   Declaration   of  the  Rights  of  the   Inhabitants   of  the  Common- 
wealth  of  Massachusetts. 

Art.  I. — All  men  are  born  free  and  equal,  and  have  certain  natural, 
essential,  and  unalienable  rights  ;  among  which  may  be  reckoned  the  right 
of  enjoying  and  defending  their  lives  and  liberties  ;  that  of  acquiring,  pos- 
sessing, and  protecting  property  ;  in  fine,  that  of  seeking  and  obtaining  their 
safety  and  happiness. 

II. — It  is  the  right  as  well  as  the  duty  of  all  men  in  society,  publicly,  and 
at  stated  seasons,  to  worship  the  SUPREME  BEING,  the  great  creator  and 
preserver  of  the  universe.  And  no  subject  shall  be  hurt,  molested,  or  re- 
strained, in  his  person,  liberty,  or  estate,  for  worshipping  GOD  in  the  man- 
ner and  season  most  agreeable  to  the  dictates  of  his  own  conscience  ;  or  for 
his  religious  profession  or  sentiments  ;  provided  he  doth  not  disturb  the  pub- 
lic peace,  or  obstruct  others  in  their  religious  worship. 

III. — As  the  happiness  of  a  people,  and  the  good  order  and  preservation 
of  civil  government,  essentially  depend  upon  piety,  religion  and  morality  ; 
and  as  these  cannot  be  generally  diffused  through  a  community,  but  by  the 
institution  of  the  public  worship  of  GOD,  and  of  public  instructions  in  pie- 
ty, religion  and  morality  :  Therefore,  to  promote  their  happiness  and  to  se- 
cure the  good  order  and  preservation  of  their  government,  the  people  of  this 
Commonwealth  have  a  right  to  invest  their  legislature  with  power  to  au- 
thorize and  require,  and  the  legislature  shall,  from  time  to  time,  authorize 
and  require,  the  several  towns,  parishes,  precincts,  and  other  bodies-politic, 
or  religious  societies,  to  make  suitable  provision,  at  their  own  expense,  for 
the  institution  of  the  pubhc  worship  of  GOD,  and  for  the  support  and 
maintenance  of  public  protestant  teachers  of  piety,  religion  and  morality,  in 
all  cases  where  such  provision  shall  not  be  made  voluntarily. 

And  the  people  of  this  Commonwealth  have  also  a  right  to,  and  do,  invest 
their  legislature  with  authority  to  enjoin  upon  all  the  subjects  an  attendance 
upon  the  instructions  of  the  public  teachers  aforesaid,  at  stated  times  and 
seasons,  if  there  be  any  on  whose  instructions  they  can  conscientiously  and 
conveniently  attend. 

Provided  notwithstanding,  that  the  several  towns,  parishes,  precincts,  and 
other  bodies-politic,  or  religious  societies,  shall,  at  all  times,  have  the  exclu- 
sive right  of  electing  their  public  teachers,  and  of  contracting  with  them  for 
their  support  and  maintenance. 


224 

And  all  monies  paid  by  the  subject  to  the  support  of  public  worship, 
and  of  the  public  teachers  aforesaid,  shall,  if  he  require  it,  be  uniformly  ap- 
plied to  the  support  of  the  public  teacher  or  teachers  of  his  own  rehgious 
sect  or  denomination,  provided  there  be  any  on  whose  instructions  he  at- 
tends :  otherwise  it  may  be  paid  towards  the  support  of  the  teacher  or  teach- 
ers of  the  parish  or  precinct  in  which  the  said  monies  are  raised. 

And  every  denomination  of  christians,  demeaning  themselves  peaceably, 
and  as  good  subjects  of  the  Commonwealth,  shall  be  equally  under  the  pro- 
tection of  the  law  :  And  no  subordination  of  any  one  sect  or  denomination 
to  another  shall  ever  be  established  by  law. 

IV. — The  people  of  this  Commonwealth  have  the  sole  and  exclusive  right 
of  governing  themselves  as  a  free,  sovereign,  and  independent  state ;  and  do, 
and  forever  hereafter  shall,  exercise  and  enjoy  every  power,  jurisdiction,  and 
right,  which  is  not,  or  may  not  hereafter,  be  by  them  expressly  delegated  to 
the  United  States  of  America,  in  Congress  assembled. 

V. — All  power  residing  originally  in  the  people,  and  being  derived  from 
them,  the  several  magistrates  and  officers  of  government,  vested  with  au- 
thority, whether  legislative,  executive,  or  judicial,  are  their  substitutes  and 
agents,  and  are  at  all  times  accountable  to  them. 

VI.— No  man,  nor  corporation,  or  association  of  men,  have  any  other  ti- 
tle to  obtain  advantages,  or  particular  and  exclusive  privileges,  distinct 
from  those  of  the  community,  than  what  arises  from  the  consideration  of 
services  rendered  to  the  public  ;  and  this  title  being  in  nature  neither  here- 
ditary, nor  transmissible  to  children,  or  descendants,  or  relations  by  blood, 
the  idea  of  a  man  born  a  magistrate,  lawgiver,  or  judge,  is  absurd  and  unnat- 
ural. 

VII. — GoA»ERNMENT  js  instituted  for  the  common  good  ;  for  the  protec- 
tion, safety,  prosperity  and  happiness  of  the  people  ;  and  not  for  the  profit, 
honor,  or  private  interest  of  any  one  man,  family,  or  class  of  men  :  There- 
fore the  people  alone  have  an  incontestible,  unalienable,  and  indefeasible 
right  to  institute  government ;  and  to  reform,  alter,  or  totally  change  the 
same,  when  their  protection,  safety,  prosperity  and  happiness  require  it. 

VIII. — In  order  to  prevent  those,  who  are  vested  with  authority,  from  be- 
coming oppressors,  the  people  have  a  right,  at  such  periods  and  in  such  man- 
ner as  they  shall  establish  by  their  frame  of  government,  to  cause  their  pub- 
lic officers  to  return  to  private  life  ;  and  to  fill  up  vacant  places  by  certain 
and  regular  elections  and  appointments. 

IX. — All  elections  ought  to  be  free ;  and  all  the  inhabitants  of  this  Com- 
monwealth, having  such  qualifications  as  they  shall  establish  by  their  frame 


225 

of  government,  have  an  equal  right  to  elect  officers,  and  to  be  elected,  for 
public  employments. 

X. — Each  individual  of  the  society  has  a  right  to  be  protected  by  it  in 
the  enjoyment  of  his  life,  liberty  and  property,  according  to  standing  laws. 
He  is  obliged,  consequently,  to  contribute  his  share  to  the  expense  of  this 
protection  ;  to  give  his  personal  service,  or  an  equivalent,  w^hen  necessary : 
But  no  part  of  the  property  of  any  individual,  can,  w^ith  justice,  be  taken 
from  him,  or  applied  to  public  uses  without  his  own  consent,  or  that  of  the 
representative  body  of  the  people :  In  fine,  the  people  of  this  Common- 
wealth are  not  controlable  by  any  other  laws,  than  those  to  which  their  con- 
stitutional representative  body  have  given  their  consent.  And  whenever 
the  public  exigencies  require,  that  the  property  of  any  individual  should  be 
appropriated  to  public  uses,  he  shall  receive  a  reasonable  compensation 
therefor. 

XI. — Evert  subject  of  the  Commonwealth  ought  to  find  a  certain  reme- 
dy, by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which  he  may 
receive  in  his  person,  property,  or  character.  He  ought  to  obtain  right  and 
justice  freely,  and  without  being  obliged  to  purchase  it ;  completely,  and 
without  any  denial ;  promptly,  and  without  delay  ;  conformably  to  the  laws. 

XII. — No  subject  shall  be  held  to  answer  for  any  crime  or  oflTence,  until 
the  same  is  fully  and  plainly,  substantially  and  formally,  described  to  him  ; 
or  be  compelled  to  accuse,  or  furnish  evidence  against  himself  And  every 
subject  shall  have  a  right  to  produce  all  proofs,  that  may  be  favorable  to 
him  ;  to  meet  the  witnesses  against  him  face  to  face,  and  to  be  fully  heard 
in  his  defence  by  himself,  or  his  council,  at  his  election.  And  no  subject 
shall  be  arrested,  imprisoned,  despoiled,  or  deprived  of  his  property,  immu- 
nities, or  privileges,  put  out  of  the  protection  of  the  law,  exiled,  or  deprived 
of  his  life,  liberty,  or  estate ;  but  by  the  judgment  of  his  peers,  or  the  law  of 
the  land. 

And  the  legislature  shall  not  make  any  law,  that  shall  subject  any  person 
to  a  capital  or  infamous  punishment,  excepting  for  the  government  of  the 
army  and  navy,  without  trial  by  jury. 

XIII. — In  criminal  prosecutions,  the  verification  of  facts  in  the  vicinity 
where  they  happen,  is  one  of  the  greatest  securities  of  the  life,  hberty,  and 
property  of  the  citizen. 

XIV. — Every  subject  has  a  right  to  be  secure  from  all  unreasonable 
searches,  and  seizures  of  his  person,  his  houses,  his  papers,  and  all  his  pos- 
sessions. All  warrants,  therefore,  are  contrary  to  this  right,  if  the  cause  or 
foundation  of  them  be  not  previously  supported  by  oath  or  afiirmation  ;  and 
if  the  order  in  the  warrant  to  a  civil  officer,  to  make  search  in  suspected 


226 

places,  or  to  arrest  one  or  more  suspected  persons,  or  to  seize  their  property, 
be  not  accompanied  with  a  special  designation  of  the  persons  or  objects  of 
search,  an-est,  or  seizure  :  and  no  warrant  ought  to  be  issued  but  in  cases, 
and  with  the  formahties,  prescribed  by  the  laws. 

XV.— In  all  controversies  concerning  property,  and  in  all  suits  between 
two  or  more  persons,  except  in  cases  in  which  it  has  heretofore  been  other- 
ways  used  and  practised,  the  parties  have  a  right  to  a  trial  by  jury ;  and 
this  method  of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  on 
the  high-seas,  and  such  as  relate  to  mariners  wages,  the  legislature  shall 
hereafter  find  it  necessary  to  alter  it. 

XVI. — The  liberty  of  the  press  is  essential  to  the  security  of  freedom  in 
a  state  :  it  ought  not,  therefore,  to  be  restrained  in  this  Commonwealth. 

XVII. — The  people  have  a  right  to  keep  and  to  bear  arms  for  the  com- 
.mon  defence.  And  as  in  time  of  peace  armies  are  dangerous  to  liberty, 
they  ougbt  not  to  be  maintained  without  the  consent  of  the  legislature  ;  and 
the  military  power  shall  always  be  held  in  an  exact  subordination  to  the  civil 
authority,  and  be  governed  by  it. 

XVIII. — A  FREquENT  recurrence  to  the  fundamental  principles  of  the 
constitution,  and  a  constant  adherence  to  those  of  piety,  justice,  moderation, 
temperance,  industry,  and  frugality,  are  absolutely  necessary  to  preserve  the 
advantages  of  hberty,  and  to  maintain  a  free  government :  The  people 
ought,  consequently,  to  have  a  particular  attention  to  all  those  principles,  in 
the  choice  of  their  officers  and  representatives:  And  they  have  a  right  to  re- 
quire of  their  law-givers  and  magistrates,  an  exact  and  constant  observance 
of  them,  in  the  formation  and  execution  of  the  laws  necessary  for  the  good 
administration  of  the  Commonwealth. 

XIX. — The  people  have  a  right,  in  an  orderly  and  peaceable  manner,  to 
assemble  to  consult  upon  the  common  good  ;  give  instructions  to  their  rep- 
resentatives ;  and  to  request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  wrongs  done  them,  and  of  the 
grievances  they  suffer. 

XX. — The  power  of  suspending  the  laws,  or  the  execution  of  the  laws, 
ought  never  to  be  exercised  but  by  the  legislature,  or  by  authority  derived 
from  it,  to  be  exercised  in  such  particular  cases  only  as  the  legislature  shall 
expressly  provide  for. 

XXI. — The  freedom  of  deliberation,  speech  and  debate,  in  either  house 
of  the  legislature,  is  so  essential  to  the  rights  of  the  people,  that  it  cannot  be 
the  foundation  of  any  accusation  or  prosecution,  action  or  complaint,  in  any 
other  court  or  place  whatsoever. 


227 

XXII. — ^The  legislature  ought  frequently  to  assemble  for  the  redress  of 
grievances,  for  correcting,  strengthening,  and  confirming  the  laws,  and  for 
making  new  laws,  as  the  common  good  may  require. 

XXIII, — No  subsidy,  charge,  tax,  impost,  or  duties,  ought  to  be  establish- 
ed, fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  without  the  consent 
of  the  people,  or  their  representatives  in  the  legislature. 

XXIV. — Laws  made  to  punish  for  actions  done  before  the  existence  of 
such  laws,  and  which  have  not  been  declared  crimes  by  preceding  laws, 
are  unjust,  oppressive,  and  inconsistent  with  the  fundamental  principles  of  a 
free  government. 

XXV. — No  subject  ought,  in  any  case,  or  in  any  time,  to  be  declared  guil- 
ty of  treason  or  felony  by  the  legislature. 

XXVI. — No  magistrate  or  court  of  law  shall  demand  excessive  bail  or 
sureties,  impose  excessive  fines,  or  inflict  cruel  or  unusual  punishments. 

XXVII. — In  time  of  peace  no  soldier  ought  to  be  quartered  in  any  house 
without  the  consent  of  the  owner ;  and  in  time  of  war  such  quarters  ought 
not  to  be  made  but  by  the  civil  magistrate,  in  a  manner  ordained  by  the  leg- 
islature. 

XXVIII. — No  person  can  in  any  case  be  subjected  to  law-martial,  or  to 
any  penalties  or  pains,  by  virtue  of  that  law,  except  those  employed  in  the 
army  or  navy,  and  except  the  militia  in  actual  service,  but  by  authority  of  the 
legislature. 

XXIX. — It  is  essential  to  the  preservation  of  the  rights  of  every  individ- 
ual, his  life,  liberty,  property  and  character,  that  there  be  an  impartial  inter- 
pretation of  the  laws,  and  administration  of  justice.  It  is  the  right  of  every 
citizen  to  be  tried  by  judges  as  free,  impartial  and  independent  as  the  lot  of 
humanity  will  admit.  It  is  therefore  not  only  the  best  policy,  but  for  the  se- 
curity of  the  rights  of  the  people,  and  of  every  citizen,  that  the  judges  of 
the  supreme  judicial  court  should  hold  their  oftices  as  long  as  they  behave 
themselves  well ;  and  that  they  should  have  honorable  salaries  ascertained 
and  established  by  standing  laws. 

XXX. — In  the  government  of  this  Commonwealth,  the  legislative  depart- 
ment shall  never  exercise  the  executive  and  judicial  powers,  or  either  of 
them  :  The  executive  shall  never  exercise  the  legislative  and  judicial  powers, 
or  either  of  them  :  The  judicial  shall  never  exercise  the  legislative  and  ex- 
ecutive powers,  or  either  of  them  :  to  the  end  it  may  be  a  government  of 
laws  and  not  of  men. 


228 


PART  THE  SECOND. 


The  Frame  of  Government. 


The  people,  inhabiting  ttie  territory  formerly  called  the  Province  of  Massa- 
chusetts-Bay, do  hereby  solemnly  and  mutually  agree  with  each  other,  to 
form  themselves  into  a  free,  sovereign,  and  independent  body-politic  or  state 
by  the  name  of  THE  COMMONWEALTH  OF  MASSACHUSETTS. 


CHAPTER!. 

The  Legislative  Power. 

SECTION  I. 

2%e  General  Court. 

Art.  I. — The  department  of  legislation  shall  be  formed  by  two  branches, 
a  Senate  and  House  of  Representatives :  each  of  w^hich  shall  have  a  negative 
on  the  other. 

The  legislative  body  shall  assemble  eveiy  year,  on  the  last  Wednesday  in 
May,  and  at  such  other  times  as  they  shall  judge  necessary ;  and  shall  dissolve 
and  be  dissolved  on  the  day  next  preceding  the  said  last  Wednesday  in  May ; 
and  shall  be  styled.  The  General  Court  of  Massachusetts. 

II. — No  bill  or  resolve  of  the  Senate  or  House  of  Representatives  shall 
become  a  law,  and  have  force  as  such,  until  it  shall  have  been  laid  before 
the  Governor  for  his  revisal:  And  if  he,  upon  such  revision,  approve  thereof, 
he  shall  signify  his  approbation  by  signing  the  same.  But  if  he  have  any 
objection  to  the  passing  of  such  bill  or  resolve,  he  shall  return  the  same,  to- 
gether with  his  objections  thereto,  in  writing,  to  the  Senate  or  House  of 
Representatives,  in  which  soever  the  same  shall  have  originated ;  who  shall 
enter  the  objections  sent  down  by  the  Governor,  at  large,  on  their  records, 
and  proceed  to  reconsider  the  said  bill  or  resolve :  But  if,  after  such  reconsid- 
eration, two  thirds  of  the  said  Senate  or  House  of  Representatives,  shall,  not- 
withstanding the  said  objections,  agree  to  pass  the  same,  it  shall,  together 


229 

with  the  objections,  be  sent  to  the  other  branch  of  the  legislature,  where  it 
shall  also  be  reconsidered,  and  if  approved  by  two  thirds  of  the  members 
present,  shall  have  the  force  of  a  law  :  But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays ;  and  the  names  of  the  persons 
voting  for,  or  against,  the  said  bill  or  resolve,  shall  be  entered  upon  the  pub- 
lic records  of  the  Commonwealth. 

And  in  order  to  prevent  unnecessary  delays,  if  any  bill  or  resolve  shall 
not  be  returned  by  the  Governor  within  five  days  after  it  shall  have  been 
presented,  the  same  shall  have  the  force  of  a  law. 

III. — The  General  Court  shall  forever  have  full  power  and  authority  to 
erect  and  constitute  judicatories  and  courts  of  record,  or  other  courts,  to  be 
held  in  the  name  of  the  Commonwealth,  for  the  hearing,  trying,  and  deter- 
mining of  all  manner  of  crimes,  offences,  pleas,  processes,  plaints,  actions, 
matters,  causes  and  things,  whatsoever,  arising  or  happening  within  the 
Commonwealth,  or  between  or  concerning  persons  inhabiting,  or  residing, 
or  brought  within  the  same  ;  whether  the  same  be  criminal  or  civil,  or 
whether  the  said  crimes  be  capital  or  not  capital,  and  whether  the  said  pleas 
be  real,  personal,  or  mixt ;  and  for  the  awarding  and  making  out  of  execu- 
tion thereupon :  To  which  courts  and  judicatories  are  hereby  given  and 
granted  full  power  and  authority,  from  time  to  time,  to  administer  oaths  or 
affirmations,  for  the  better  discovery  of  truth  in  any  matter  in  controversy 
or  depending  before  them. 

IV. — And  further,  full  power  and  authority  are  hereby  given  and  granted 
to  the  said  General  Court,  from  time  to  time,  to  make,  ordain,  and  establish, 
all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes,  and  ordinan- 
ces, directions  and  instructions,  either  with  penalties  or  without;  so  as  the 
same  be  not  repugnant  c-  contrary  to  this  Constitution,  as  they  shall  judge 
to  be  for  the  good  and  welfare  of  this  Commonwealth,  and  for  the  govern- 
ment and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  for  the  ne- 
cessary support  and  defence  of  the  government  thereof ;  and  to  name  and 
settle  annually,  or  provide  by  fixed  laws,  for  the  naming  and  settling  all  civil 
officers  within  the  said  Commonwealth,  the  election  and  constitution  of 
whom  are  not  hereafter  in  this  Form  of  Government  otherwise  provided  for ; 
and  to  set  forth  the  several  duties,  powers  and  limits,  of  the  several  civil  and 
militaiy  officers  of  this  Commonwealth,  and  the  forms  of  such  oaths  or  affir- 
mations as  shall  be  respectively  administered  unto  them  for  the  execution  of 
their  several  offices  and  places,  so  as  the  same  be  not  repugnant  or  contrary 
to  this  Constitution ;  and  to  impose  and  levy  proportional  and  reasonable  as- 
sessments, rates,  and  taxes,  upon  all  the  inhabitants  of,  and  persons  resident, 
and  estates  lying,  within  the  said  Commonwealth  ;  and  also  to  impose,  and 
levy  reasonable  duties  and  excises,  upon  any  produce,  goods,  wares,  mer- 
chandize, and  commodities  whatsoever,  brought  into,  produced,  manufactur- 
ed, or  being  within  the  same  ;  to  be  issued  and  disposed  of  by  warrant,  un- 
der the  hand  of  the  Governor  of  this  Commonwealth  for  the  time  being, 
30 


230 

with  the  advice  and  consent  of  the  Council,  for  the  pubHc  service,  in  the  ne- 
cessary defence  and  support  of  the  government  of  the  said  Commonwealth, 
and  the  protection  and  preservation  of  the  subjects  thereof,  according  to 
such  acts  as  are  or  shall  be  in  force  within  the  same. 

And  while  the  public  charges  of  government,  or  any  part  thereof,  shall  be 
assessed  on  polls  and  estates,  in  the  manner  that  has  hitherto  been  practised, 
in  order  that  such  assessments  may  be  made  with  equality,  there  shall  be  a 
valuation  of  estates  within  the  Commonwealth  taken  anew  once  in  every 
ten  years  at  least,  and  as  much  oftener  as  the  General  Court  shall  order. 


CHAPTER  I 
SECTION  IT. 

Senate. 


Art.  1 — There  shall  be  annually  elected  by  the  freeholders  and  other  in- 
habitants of  this  Commonwealth,  qualified  as  in  this  Constitution  is  provid- 
ed, forty  persons  to  be  Counsellors  and  Senators  for  the  year  ensuing  their 
election  ;  to  be  chosen  by  the  inhabitants  of  the  districts,  into  which  the  Com- 
monwealth may  from  time  to  time  be  divided  by  the  General  Court  for  that 
purpose  :  And  the  General  Court,  in  assigning  the  numbers  to  be  elected  by 
the  respective  districts,  shall  govern  themselves  py  the  proportion  of  the 
public  taxes  paid  by  the  said  districts  ;  and  timely  make  known  to  the 
inhabitants  of  the  Commonwealth,  the  limits  of  each  district,  and  the  num- 
ber of  Counsellors  and  Senators  to  be  chosen  therein ;  provided,  that  the 
number  of  such  districts  shall  never  be  less  than  thirteen  ;  and  that  no  dis- 
trict be  so  large  as  to  entitle  the  same  to  choose  more  than  six  Senators. 

And  the  several  counties  in  this  Commonwealth  shall,  until  the  General 
Court  shall  determine  it  necessary  to  alter  the  said  districts,  be  districts  for 
the  choice  of  Counsellors  and  Senators,  (except  that  the  counties  of  Dukes 
County  and  Nantucket  shall  form  one  district  for  that  purpose)  and  shall 
elect  the  following  number  for  Counsellors  and  Senators,  viz : 


Suffolk 

Six 

York 

Two 

Essex 

Six 

Dukes  County     i 

Middlesex 

Five 

and  Nantucket    I 

One 

Hampshire 

Four 

Worcester 

Five 

Plymouth 

Three 

Cumberland 

One 

Barnstable 

One 

Lincoln 

One 

Bristol 

Three 

Berkshire 

Two. 

231 

II. — The  Senate  shall  be  the  first  braiicli  of  the  legislature  ;  and  the  Sen*- 
ators  shall  be  chosen  in  the  following  manner,  viz  :  There  shall  be  a  meet- 
ing on  the  first  Monday  in  April  annually,  forever,  of  the  inhabitants  of 
each  town  in  the  several  counties  of  this  Commonwealth  :  to  be  called  by 
the  Selectmen,  and  warned  in  due  course  of  law,  at  least  seven  days  before 
the  first  Monday  in  April,  for  the  purpose  of  electing  persons  to  be  Senators 
and  Counsellors :  And  at  such  meetings  every  male  inhabitant  of  twenty- 
one  years  of  age  and  upwards,  having  a  freehold  estate  within  the  Common- 
wealth, of  the  annual  income  of  three  pounds,  or  any  estate  of  the  value  of 
sixty  pounds,  shall  have  a  right  to  give  in  his  vote  for  the  Senators  for  the 
district  of  which  he  is  an  inhabitant.  And  to  remove  all  doubts  concerning 
the  meaning  of  the  word  "inhabitant"  in  this  constitution,  every  person  shall 
be  considered  as  an  inhabitant,  for  the  purpose  of  electing  and  being  elected 
into  any  office,  or  place  within  this  State,  in  that  town,  district,  or  plantation, 
where  he  dwelleth,  or  hath  his  home. 

The  Selectmen  of  the  several  towns  shall  preside  at  such  meetings  impar- 
tially ;  and  shall  receive  the  votes  of  all  the  inhabitants  of  such  towns  pre- 
sent and  qualified  to  vote  for  Senators,  and  shall  sort  and  count  them  in 
open  town  meeting,  and  in  presence  of  the  Town  Clerk,  who  shall  make  a 
fair  record  in  presence  of  the  Selectmen,  and  in  open  town  meeting,  of  the 
name  of  every  person  voted  for,  and  of  the  number  of  votes  against  his 
name  ;  and  a  fair  copy  of  this  record  shall  be  attested  by  the  Selectmen  and 
the  Town-Clerk,  and  shall  be  sealed  up,  directed  to  the  Secretary  of  the 
Commonwealth  for  the  time  being,  with  a  superscription,  expressing  the 
purport  of  the  contents  thereof,  and  delivered  by  the  Town-Clerk  of  such 
towns,  to  the  Sheriff  of  the  county  in  which  such  town  lies,  thirty  days  at 
least  before  the  last  Wednesday  in  May  annually  ;  or  it  shall  be  delivered  into 
the  Secretary's  office  seventeen  days  at  least  before  the  said  last  Wednesday 
in  May  ;  and  the  Sheriff  of  each  county  shall  deliver  all  such  certificates  by 
him  received,  into  the  Secretary's  office  seventeen  days  before  the  said  last 
Wednesday  in  May. 

And  the  inhabitants  of  plantations  unincorporated,  qualified  as  this  Con- 
stitution provides,  who  are  or  shall  be  emjjowered  and  required  to  assess  tax- 
es upon  themselves  toward  the  support  of  government,  shall  have  the  same 
privilege  of  voting  for  Counsellors  and  Senators,  in  th««  plantations  where 
they  reside,  as  town  inhabitants  have  in  their  respective  towns ;  and  the 
plantation-meetings  for  that  purpose  shall  he  held  annually  on  the  same  fii-st 
Monday  in  April,  at  such  place  in  the  plantations  respectively,  as  the  Asses- 
sors thereof  shall  direct ;  which  Assessors  shall  have  like  authority  for  noti- 
fying the  electors,  coUecting  and  returning  the  votes,  as  the  Selectmen  and 
Town-Clerks  have  in  their  several  towns,  by  this  Constitution.  And  all 
other  persons  living  in  places  unincorporated  (qualified  as  aforesaid)  who 
shall  be  assessed  to  the  support  of  government  by  the  Assessors  of  an  adja- 
cent town,  shall  have  the  privilege  of  giving  in  their  votes  for  Counsellors 
and  Senators,  in  the  town  where  they  shall  be  assessed,  and  be  notified  of 
the  place  of  meeting  by  the  Selectmen  of  the  town  where  they  shall  be  as- 
sessed, for  that  purpose,  accordingly. 


232 

III. — And  that  there  may  be  a  due  convention  of  Senators  on  the  last 
Wednesday  in  May  annually,  the  Governor,  with  five  of  the  Council,  for  the 
time  being,  shall,  as  soon  as  may  be,  examine  the  returned  copies  of  such 
records  ;  and  fourteen  days  before  the  said  day  he  shall  issue  his  summons 
to  such  persons  as  shall  appear  to  be  chosen  by  a  majority  of  voters,  to  at- 
tend on  that  day,  and  take  their  seats  accordingly  :  Provided  nevertheless, 
that  for  the  first  year  the  said  returned  copies  shall  be  examined  by  the 
President  and  five  of  the  Council  of  the  former  Constitution  of  Govern- 
ment ;  and  the  said  President  shall,  in  like  manner,  issue  his  summons  to 
the  persons  so  elected,  that  they  may  take  their  seats  as  aforesaid. 

IV. — The  Senate  shall  be  the  final  judge  of  the  elections,  returns  and 
qualifications  of  their  own  members,  as  pointed  out  in  the  Constitution  ;  and 
shall,  on  the  said  last  Wednesday  in  May  annually,  determine  and  declare 
who  are  elected  by  each  district,  to  be  Senators,  by  a  majority  of  votes : 
And  in  case  there  shall  not  appear  to  be  the  full  number  of  Senators  return- 
ed elected  by  a  majority  of  votes  for  any  district,  the  deficiency  shall  be  sup- 
plied in  the  following  manner,  viz.  The  members  of  the  House  of  Repre- 
sentatives, and  such  Senators  as  shall  be  declared  elected,  shall  take  the 
names  of  such  persons  as  shall  be  found  to  have  the  highest  number  of 
votes  in  such  district,  and  not  elected,  amounting  to  twice  the  number  of 
Senators  wanting,  if  there  be  so  many  voted  for ;  and,  out  of  these,  shall 
elect  by  ballot  a  number  of  Senators  sufificient  to  fill  up  the  vacancies  in 
such  district :  And  in  this  manner  all  such  vacancies  shall  be  filled  up  in  ev- 
ery district  of  the  Commonwealth  ;  and  in  like  manner  all  vacancies  in 
the  Senate,  arising  by  death,  removal  out  of  the  State,  or  otherwise,  shall  be 
supphed  as  soon  as  may  be  after  such  vacancies  shall  happen. 

V. — Provided  nevertheless,  that  no  person  shall  be  capable  of  being 
elected  as  a  Senator,  who  is  not  seized  in  his  own  right  of  a  freehold  within 
this  Commonwealth,  of  the  value  of  three  hundred  pounds  at  least,  or  pos- 
sessed of  personal  estate  to  the  value  of  six  hundred  pounds  at  least,  or 
of  both  to  the  amount  of  the  same  sum,  and  who  has  not  been  an  inhabitant 
of  this  Commonwealth  for  the  space  of  five  years  immediately  preceding 
his  election,  and,  at  the  time  of  his  election,  he  shall  be  an  inhabitant  in  the 
district,  for  which  he  shall  be  chosen. 

VI. — The  Senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournments  do  not  exceed  two  days  at  a  time. 

VII. — The  Senate  shall  choose  its  own  President,  appoint  its  own  officers, 
and  determine  its  own  rules  of  proceeding. 

VIII. — The  Senate  shall  be  a  court  with  full  authority  to  hear  and  deter- 
mine all  impeachments  made  by  the  House  of  Representatives,  against  any 
officer  or  officers  of  the  Commonwealth,  for  misconduct  and  mal-adminis- 


233 

tration  in  their  offices.  But,  previous  to  the  trial  of  every  impeachment,  the 
members  of  the  Senate  shall  respectively  be  sworn,  truly  and  impartially  to 
try  and  determine  the  charge  in  question,  according  to  evidence.  Their 
judgment,  however,  shall  not  extend  further  than  to  removal  from  office  and 
disqualification  to  hold  or  enjoy  any  place  of  honor,  trust,  or  profit,  under 
this  Commonwealth  :  But  the  party,  so  convicted,  shall  be,  nevertheless,  liable 
to  indictment,  trial,  judgment,  and  punishment,  according  to  the  laws  of  the 
land. 

IX. — Not  less  than  sixteen  members  of  the  Senate  shall  constitute  a  quo.- 
rum  for  doing  business. 


CHAPTER   I. 


SECTION  III. 


House  of  Representatives, 

Art.  I. — There  shall  be  in  the  Legislature  of  this  Commonwealth,  a 
representation  of  the  people,  annually  elected,  and  founded  upon  the  princi- 
ple of  equality. 

II. — And  in  order  to  provide  for  a  representation  of  the  citizens  of  this* 
Commonwealth,  founded  upon  the  principle  of  equality,  every  corporate 
town,  containing  one  hundred  and  fifty  rateable  polls,  may  elect  one  Repre- 
sentative :  Every  corporate  town,  containing  three  hundred  and  seventy-five 
rateable  polls,  may  elect  two  Representatives :  Every  corporate  town,  con- 
taining six  hundred  rateable  polls,  may  elect  three  Representatives;  and 
proceeding  in  that  manner,  making  two  hundred  and  twenty-five  rateable 
polls  the  mean  increasing  number  for  every  additional  Representative. 

Provided  nevertheless,  that  each  town  now  incorporated,  not  having  one 
hundred  and  fifty  rateable  polls,  may  elect  one  Representative  :  but  no  place 
shall  hereafter  be  incorporated  with  the  privilege  of  electing  a  Representa- 
tive, unless  there  are  within  the  same  one  hundred  and  fifty  rateable  polls. 

And  the  House  of  Representatives  shall  have  power,  from  time  to  time, 
to  impose  fines  upon  such  towns  as  shall  neglect  to  choose  and  return  mem- 
bers to  the  same,  agreeably  to  this  Constitution. 

The  expenses  of  travelling  to  the  (jreneral  Assembly,  and  returning  home, 
once  in  every  session,  and  no  more,  shall  be  paid  by  the  government,  out  of 


234 

the  public  treasury,  to  every  member  who  shall  attend  as  seasonably  as  he 
can,  in  the  judgment  of  the  House,  and  does  not  depart  without  leave. 

III. — Every  member  of  the  House  of  Representatives  shall  be  chosen 
by  written  votes ;  and  for  one  year  at  least  next  preceding  his  election  shall 
have  been  an  inhabitant  of,  and  have  been  seized  in  his  own  right  of  a  free- 
hold of  the  value  of  one  hundred  pounds  within  the  town  he  shall  be  cho- 
sen to  represent,  or  any  rateable  estate  to  the  value  of  two  hundred  pounds  ; 
and  he  shall  cease  to  represent  the  said  town  immediately  on  his  ceasing  to 
be  qualified  as  aforesaid. 

IV. — Evert  male  person,  being  twenty-one  years  of  age,  and  resident  in 
any  particular  town  in  this  Commonwealth  for  the  space  of  one  year  next 
preceding,  having  a  freehold  estate  within  the  same  town,  of  the  annual  in- 
come of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  shall  have 
a  right  to  vote  in  the  choice  of  a  Representative  or  Representatives  for  the 
said  town. 

V. — The  members  of  the  House  of  Representatives  shall  be  chosen  an- 
nually in  the  month  of  May,  ten  days  at  least  before  the  last  Wednesday  of 
that  month. 

VI. — The  House  of  Representatives  shall  be  the  Grand  Inquest  of  this 
Commonwealth  ;  and  all  impeachments  made  by  them  shall  be  heard  and 
tried  by  the  Senate. 

VII. — All  money-bills  shall  originate  in  the  House  of  Representatives ; 
but  the  Senate  may  propose  or  concur  with  amendments,  as  on  other  bills. 

VHI. — The  House  of  Representatives  shall  have  power  to  adjourn  them- 
selves ;  [jrovided  such  adjournment  shall  not  exceed  two  days  at  a  time. 

IX. — Not  less  than  sixty  members  of  the  House  of  Representatives  shall 
constitute  a  quorum  for  doing  business. 

X. — The  House  of  Representatives  shall  be  the  judge  of  the  returns, 
elections,  and  qualifications  of  its  own  members,  as  pointed  out  in  the  con- 
stitution ;  shall  choose  their  own  Speaker ;  appoint  their  own  officers,  and 
settle  the  i-ules  and  orders  of  proceeding  in  their  own  house:  They  shall 
have  authority  to  punish  by  imprisonment,  every  person,  not  a  member, 
who  shall  be  guilty  of  disrespect  to  the  House,  by  any  disorderly,  or  con- 
temptuous behaviour,  in  its  presence ;  or  who,  in  the  town  where  the  Gene- 
ral Court  is  sitting,  and  during  the  time  of  its  sitting,  shall  threaten  harm  to 
the  body  or  estate  of  any  of  its  members,  for  any  thing  said  or  done  in  the 
House ;  or  who  shall  assault  any  of  them  therefor  ;  or  who  shall  assault,  or 
an'est,  any  witness,  or  other  person,  ordered  to  attend  the  House,  in  his  way 


235 

in  going,  or  returning ;  or  who  shall  rescue  any  person  arrested  by  the  order 
of  the  House. 

And  no  member  of  the  House  of  Representatives  shall  be  arrested,  or 
held  to  bail  on  mean  process,  during  his  going  unto,  returning  from,  or  his 
attending,  the  General  Assembly. 

XI. — The  Senate  shall  have  the  same  powers  in  the  like  cases  ;  and  the 
Governor  and  Council  shall  have  the  same  authority  to  punish  in  like  cases. 
Provided,  that  no  imprisonment  on  the  warrant  or  order  of  the  Governor, 
Council,  Senate,  or  House  of  Representatives,  for  either  of  the  above  de- 
scribed offences,  be  for  a  term  exceeding  thirty  days. 

And  the  Senate  and  House  of  Representatives  may  try,  and  determine, 
all  cases  where  their  rights  and  privileges  are  concerned,  and  which,  by  the 
Constitution,  they  have  authority  to  try  and  determine,  by  committees  of 
their  own  members,  or  in  such  other  way  as  they  may  respectively  think 
best. 


CHAPTER   II. 

Executive  Power. 
SECTION  I. 
Governor. 


Art.  I. — There  shall  be  a  Supreme  Executive  Magistrate,  who  shall  be 
styled,  THE  GOVERNOR  OF  THE  COMMONWEALTH  OF  MASSA- 
and  whose  title  shall  be- HIS  EXCELLENCY. 

II. — The  Governor  shall  be  chosen  annually :  And  no  person  shall  be 
eligible  to  this  office,  unless  at  the  time  of  his  election,  he  shall  have  been  an 
inhabitant  of  this  Commonwealth  for  seven  years  next  preceding  ;  and  un- 
less he  shall,  at  the  same  time,  be  seized  in  his  own  right,  of  a  freehold 
within  the  Commonwealth,  of  the  value  of  one  thousand  pounds  ;  and  un- 
less he  shall  declare  himself  to  be  of  the  christian  religion. 

III. — Those  persons  who  shall  be  qualified  to  vote  for  Senators  and  Rep- 
resentatives within  the  several  towns  of  this  Commonwealth,  shall,  at  a 
meeting,  to  be  called  for  that  purpose,  on  the  first  Monday  of  April  annually, 


236 

give  in  their  votes  for  a  Governor,  to  the  Selectmen,  who  shall  preside  at 
such  meetings ;  and  the  Town  Clerk,  in  the  presence  and  with  the  assis- 
tance of  the  Selectmen,  shall,  in  open  town  meeting,  sort  and  count  the 
votes,  and  form  a  list  of  the  persons  voted  for,  with  the  number  of  votes  for 
each  person  against  his  name  ;  and  shall  make  a  fair  recdrd  of  the  same 
in  the  town  books,  and  a  public  declaration  thereof  in  the  said  meeting ; 
and  shall,  in  the  presence  of  the  inhabitants,  seal  up  copies  of  the  said  list, 
attested  by  him  and  the  Selectmen,  and  transmit  the  same  to  the  Sheriff  of 
the  county,  thirty  days  at  least  before  the  last  Wednesday  in  May  ;  and  the 
Sheriff  shall  transmit  the  same  to  the  Secretaiy's  office  seventeen  days  at 
least  before  the  said  last  Wednesday  in  May ;  or  the  Selectmen  may  cause 
returns  of  the  same  to  be  made  to  the  office  of  the  Secretary  of  the  Com- 
monwealth seventeen  days  at  least  before  the  said  day  ;  and  the  Secretary 
shall  lay  the  same  before  the  Senate  and  the  House  of  Representatives,  on 
the  last  Wednesday  in  May,  to  be  by  them  examined  :  And  in  case  of  an 
election  by  a  majority  of  all  the  votes  returned,  the  choice  shall  be  by  them 
declared  and  published  ;  But  if  no  person  shall  have  a  majority  of  votes, 
the  House  of  Representatives  shall,  by  ballot,  elect  two  out  of  four  persons 
who  had  the  highest  number  of  votes,  if  so  many  shall  have  been  voted  for; 
but,  if  otherwise,  out  of  the  number  voted  for ;  and  make  return  to  the 
Senate  of  the  two  persons  so  elected  ;  on  which,  the  Senate  shall  proceed, 
by  ballot,  to  elect  one,  who  shall  be  declared  Governor. 

IV. — The  Governor  shall  have  authority,  from  time  to  time,  at  his  dis- 
cretion, to  assemble  and  call  together  the  Counselloi-s  of  this  Commonwealth 
for  the  time  being  ;  and  the  Governor,  with  the  said  Counsellors,  or  five  of 
them  at  least,  shall,  and  may,  from  time  to  time,  hold  and  keep  a  Council, 
for  the  ordering  and  directing  the  affairs  of  the  Commonwealth,  agreeably 
to  the  Constitution  and  the  laws  of  the  land. 

V. — The  Governor,  with  advice  of  Council,  shall  have  full  power  and 
authority,  during  the  session  of  the  General  Court,  to  adjourn  or  prorogue 
the  same  to  any  time  the  two  Houses  shall  desire  ;  and  to  dissolve  the  same 
on  the  day  next  preceding  the  last  Wednesday  in  May  ;  and,  in  the  recess 
of  the  said  Court,  to  prorogue  the  same  from  time  to  time,  not  exceeding 
ninety  days  in  any  one  recess ;  and  to  call  it  together  sooner  than  the  time 
to  which  it  may  be  adjourned  or  prorogued,  if  the  welfare  of  the  Common- 
wealth shall  require  the  same :  And  in  case  of  any  infectious  distemper 
prevailing  in  the  place  where  the  said  Court  is  next  at  any  time  to  convene, 
or  any  other  cause  happening  whereby  danger  may  arise  to  the  health  or 
lives  of  the  members  from  their  attendance,  he  may  direct  the  session  to  be 
held  at  some  other  the  most  convenient  place  within  the  State. 

And  the  Governor  shall  dissolve  the  said  General  Court  on  the  day  next 
preceding  the  last  Wednesday  in  May. 

VI. — In  cases  of  disagreement  between  the  two  Houses,  with  regard  to 
the  necessity,  expediency  or  time  of  adjournment,  or  prorogation,  the  Gover- 


237 

nor,  with  advice  of  the  Council,  shall  have  a  right  to  adjourn  or  prorogue 
the  General  Court,  not  exceeding  ninety  days,  as  he  shall  determine  the 
pubhc  good  shall  require. 

VII. — The  Governor  of  this  Commonvv^ealth,  for  the  time  being,  shall  be 
the  commander-in-chief  of  the  army  and  navy,  and  of  all  the  mihtary  for- 
ces of  the  State,  by  sea  and  land  ;  and  shall  have  full  power,  by  himself,  or 
by  any  commander,  or  other  officer  or  officers,  from  time  to  time,  to  train> 
instruct,  exercise  and  govern  the  militia  and  navy ;  and,  for  the  special  de- 
fence and  safety  of  the  Commonwealth,  to  assemble  in  martial  array,  and 
put  in  warlike  posture,  the  inhabitants  thereof,  and  to  lead  and  conduct 
them,  and  with  them,  to  encounter,  repel,  resist,  expel  and  pursue,  by  force 
of  arms,  as  well  by  sea  as  by  land,  within  or  without  the  limits  of  this  Com- 
monwealth, and  also  to  kill,  slay  and  destroy,  if  necessaiy,  and  conquer,  by 
all  fitting  ways,  enterprizes  and  means  whatsoever,  all  and  every  such  per- 
son and  persons  as  shall,  at  any  time  hereafter,  in  a  hostile  manner,  attempt 
or  enterprize  the  destruction,  invasion,  detriment,  or  annoyance  of  this 
Commonwealth ;  and  to  use  and  exercise,  over  the  army  and  navy,  and 
over  the  militia  in  actual  service,  the  law  martial,  in  time  of  war  or  invasion, 
and  also  in  time  of  rebellion,  declared  by  the  legislature  to  exist,  as  occa- 
sion shall  necessarily  require  ;  and  to  take  and  surprise  by  all  ways  and 
means  whatsoever,  all  and  every  such  person  or  persons,  with  their  ships, 
arms,  ammunition  and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoying  this  Commonwealth ;  and 
that  the  Governor  be  intrusted  with  all  these  and  other  powers,  incident  to 
the  offices  of  Captain-General  and  Commander-in-Chief,  and  Admiral,  to 
be  exercised  agreeably  to  the  rules  and  regulations  of  the  Constitution,  and 
the  laws  of  the  land,  and  not  otherwise. 

Provided,  that  the  said  Governor  shall  not,  at  any  time  hereafter,  by  vir- 
tue  of  any  power  by  this  Constitution  granted,  or  hereafter  to  be  granted  to 
him  by  the  legislature,  transport  any  of  the  inhabitants  of  this  Common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the  same,  without  their 
free  and  voluntary  consent,  or  the  consent  of  the  General  Court ;  except  so 
far  as  may  be  necessary  to  march  or  transport  them  by  land  or  water,  for  the 
defence  of  such  part  of  the  State,  to  which  they  cannot  otherwise  conven- 
iently have  access. 

VIII. — The  power  of  pardoning  offences,  except  such  as  persons  may  be 
convicted  of  before  the  Senate  by  an  impeachment  of  the  House,  shall  be 
in  the  Governor,  by  and  with  the  advice  of  Council:  But  no  charter  of 
pardon,  granted  by  the  Governor,  with  advice  of  the  Council,  before  con- 
viction, shall  avail  the  party  pleading  the  same,  notwithstanding  any  general 
or  particular  expressions  contained  therein,  descriptive  of  the  offence,  or 
offences  intended  to  be  pardoned. 
31 


238 

IX. — All  judicial  officers,  the  Attorney-General,  the  Solicitor-General, 
all  Sheriffs,  Coroners,  and  Registers  of  Probate,  shall  be  nominated  and  ap- 
pointed by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Coun- 
cil; and  every  such  nomination  shall  be  made  by  the  Governor,  and  made 
at  least  seven  days  prior  to  such  appointment. 

X. — The  Captains  and  subalterns  of  the  militia  shall  be  elected  by  the 
written  votes  of  the  train-band  and  alarm  list  of  their  respective  companies, 
of  twenty-one  years  of  age  and  upwards  :  The  field-officers  of  Regiments 
shall  be  elected  by  the  written  votes  of  the  captains  and  subalterns  of  their 
respective  regiments ;  The  Brigadiers  shall  be  elected  in  like  manner,  by 
the  field  officers  of  their  respective  brigades :  And  such  officers,  so  elected, 
shall  be  commissioned  by  the  Governor,  who  shall  determine  their  rank. 

The  Legislature  shall,  by  standing  laws,  direct  the  time  and  manner  of 
convening  the  electors,  and  of  collecting  votes,  and  of  certifying  to  the  Gov- 
ernor the  officers  elected. 

The  Major-Cxenerals  shall  be  appointed  by  the  Senate  and  House  of  Rep- 
resentatives, each  having  a  negative  upon  the  other ;  and  be  commissioned 
by  the  Governor. 

And  if  the  electors  of  Brigadiers,  field-officers,  captains  or  subalterns, 
shall  neglect  or  refuse  to  make  such  elections,  after  being  duly  notified,  ac- 
cording to  the  laws  for  the  time  being,  then  the  Governor,  with  advice  of 
Council,  shall  appoint  suitable  persons  to  fill  such  offices. 

And  no  officer,  duly  commissioned  to  command  in  the  militia,  shall  be 
removed  from  his  office,  but  by  the  address  of  both  houses  to  the  Governor, 
or  by  fair  trial  in  court  martial,  pursuant  to  the  laws  of  the  Commonwealth 
for  the  time  being. 

The  commanding  officers  of  regiments  shall  appoint  their  Adjutants  and 
Quarter-masters ;  the  Brigadiers  their  Brigade-Majors  ;  and  the  Major-Gen- 
erals  their  Aids :  and  the  Governor  shall  appoint  the  Adjutant  General. 

The  Governor,  with  advice  of  Council,  shall  appoint  all  officers  of  the 
continental  army,  whom  by  the  confederation  of  the  United  States  it  is  pro- 
vided that  this  Commonwealth  shall  appoint, — as  also  all  officers  of  forts  and 
garrisons. 

The  divisions  of  the  militia  into  brigades,  regiments  and  companies,  made 
in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered  as  the 
proper  divisions  of  the  militia  of  this  Commonwealth,  until  the  same  shall  be 
altered  in  pursuance  of  some  future  law. 

XI. — No  monies  shall  be  issued  out  of  the  treasury  of  this  Commonwealth, 
and  disposed  of  (except  such  sums  as  may  be  appropriated  for  the  redemp- 
tion of  bills  of  credit  or  Treasurer's  notes,  or  for  the  payment  of  interest  ari- 
sing thereon)  but  by  warrant  under  the  hand  of  the  Governor  for  the  time 
being,  with  the  advice  and  consent  of  the  Council,  for  the  necessary  defence 
and  support  of  the  Commonwealth ;  and  for  the  protection  and  preservation 
of  the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves  of  the  General 
Court. 


239 

XII. — All  public  boards,  the  Commissary-General,  all  superintending 
officers  of  public  magazines  and  stores,  belonging  to  this  Commonwealth, 
and  all  commanding  officers  of  forts  and  garrisons  within  the  same,  shall, 
once  in  every  three  months,  officially  and  without  requisition,  and  at  other 
times,  when  required  by  the  Governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon  with  their  appendages,  and 
small  arms  with  their  accoutrements,  and  of  all  other  public  property  what- 
ever under  their  care  respectively ;  distinguishing  the  quantity,  number, 
quality  and  kind  of  each,  as  particularly  as  may  be ;  together  with  the  con- 
dition of  such  forts  and  garrisons :  And  the  said  commanding  officer  shall 
exhibit  to  the  Governor,  when  required  by  him,  true  and  exact  plans  of  such 
forts,  and  of  the  land  and  sea,  or  harbour  or  harbours  adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  communicate  to  the 
Governor,  as  soon  as  may  be  after  receiving  the  same,  all  letters,  dispatches, 
and  intelligences  of  a  public  nature,  which  shall  be  directed  to  them  respec- 
tively. 

XIII. — As  the  public  good  requires  that  the  Governor  should  not  be  un- 
der the  undue  influence  of  any  of  the  membei-s  of  the  General  Court,  by  a 
dependence  on  them  for  his  support — that  he  should,  in  all  cases,  act  with 
freedom  for  the  benefit  of  the  public — that  he  should  not  have  his  attention 
necessarily  diverted  from  that  object  to  his  private  concerns — and  that  he 
should  maintain  the  dignity  of  the  Commonwealth  in  the  character  of  its 
chief  magistrate — it  is  necessary  that  he  should  have  an  honorable  stated 
salary,  of  a  fixed  and  permanent  value,  amply  sufficient  for  those  purposes, 
and  established  by  standing  laws :  And  it  shall  be  among  the  first  acts  of  the 
General  Court,  after  the  Commencement  of  this  Constitution,  to  establish 
such  salary  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  established  by  law  for 
the  Justices  of  the  Supreme  Judicial  Court. 

And  if  it  shall  he  found,  that  any  of  the  salaries  aforesaid,  so  established, 
are  insufficient,  they  shall,  from  time  to  time,  be  enlarged,  as  the  General 
Court  shall  judge  proper. 


CHAPTER  II 
SECTION  II. 

Lieutenant-Governor. 


Art.  I. — There  shall  be  annually  elected  a  Lieutenant-Governor  of  th^ 
Commonwealth  of  Massachusetts,  whose  title  shall  be  HIS  HONOR— and 


240 

who  shall  be  qualified,  in  point  of  religion,  property,  and  residence  in  the 
Commonwealth,  in  the  same  manner  with  the  Governor :  And  the  day  and 
manner  of  his  election,  and  the  qualifications  of  the  electors,  shall  be  the 
same  as  are  required  in  the  election  cf  a  Governor.  The  return  of  the 
votes  for  this  oflicer,  and  the  declaration  of  his  election,  shall  be  in  the  same 
manner  :  And  if  no  one  person  shall  be  found  to  have  a  majority  of  all  the 
votes  returned,  the  vacancy  shall  be  filled  by  the  Senate  and  House  of  Rep- 
resentatives, in  the  same  manner  as  the  Governor  is  to  be  elected,  in  case  no 
one  person  shall  have  a  majority  of  the  votes  of  the  people  to  be  Governor. 

II. — ^The  Governor,  and  in  his  absence  the  Lieutenant-Governor,  shall  be 
President  of  the  Council,  but  shall  have  no  vote  in  Council  :  And  the  Lieu- 
tenant-Governor shall  alvrays  be  a  member  of  the  Council,  except  when  the 
chair  of  the  Governor  shall  be  vacant. 

III. — Whenever  the  chair  of  the  Governor  shall  be  vacant,  by  reason  of 
his  death,  or  absence  from  the  Commonwealth,  or  otherwise,  the  Lieuten- 
ant-Governor, for  the  time  being,  shall,  during  such  vacancy,  perform  all  the 
duties  incumbent  upon  the  Governor,  and  shall  have  and  exercise  all  the 
powers  and  authorities,  which  by  this  Constitution  the  Governor  is  vested 
with,  when  personally  present. 


CHAPTER  II. 
SECTION  III. 


Council,  and  the  Manner  of  Settling  Elections  hy  tTie  Legislature. 

Art.  I. — ^There  shall  be  a  Council  for  advising  the  Governor  in  the  ex- 
ecutive part  of  government,  to  consist  of  nine  persons  besides  the  Lieuten- 
ant-Governor, whom  the  Governor,  for  the  time  being,  shall  have  full  power 
and  authority,  from  time  to  time,  at  his  discretion,  to  assemble  and  call  to- 
gether. And  the  Governor,  with  the  said  Counsellors,  or  five  of  them  at 
least,  shall  and  may,  from  time  to  time,  hold  and  keep  a  council,  for  the  or- 
dering and  directing  the  aflfairs  of  the  Commonwealth,  according  to  the  laws 
of  the  land. 

II. — ^NiNE  Counsellors  shall  be  annually  chosen  from  among  the  persons 
returned  for  Counsellors  and  Senators,  on  the  last  Wednesday  in  May,  by 
the  joint  ballot  of  the  Senators  and  Representatives  assembled  in  one  room  : 
And  in  case  there  shall  not  be  found,  upon  the  first  choice,  the  whole  num- 


241 

ber  of  nine  persons  who  will  accept  a  seat  in  the  Council,  the  deficiency 
shall  be  made  up  by  the  electors  aforesaid  from  among  the  people  at  large  ; 
and  the  number  of  Senators  left  shall  constitute  the  Senate  for  the  year. 
The  seats  of  the  persons  thus  elected  from  the  Senate,  and  accepting  the 
trust,  shall  be  vacated  in  the  Senate. 

III. — The  Counsellors,  in  the  civil  arrangements  of  the  Commonwealth, 
shall  have  rank  next  after  the  Lieutenant-Governor. 

IV. — Not  more  than  tAvo  Counsellors  shall  be  chosen  out  of  any  one  dis- 
trict of  this  Commonwealth. 

V. — The  resolutions  and  advice  of  the  Council  shall  be  recorded  in  a  reg- 
ister, and  signed  by  the  members  present ;  and  this  record  may  be  called  for 
at  any  time  by  either  House  of  the  Legislature ;  and  any  member  of  the 
Council  may  insert  his  opinion  contrary  to  the  resolution  of  the  majority. 

VI. — Whenever  the  office  of  the  Governor  and  Lieutenant-Governor 
shall  be  vacant,  by  reason  of  death,  absence,  or  otherwise,  then  the  Council 
or  the  major  part  of  them,  shall,  during  such  vacancy,  have  full  power  and 
authority,  to  do,  and  execute,  all  and  every  such  acts,  matters  and  things,  as 
the  Governor  or  the  Lieutenant-Governor  might  or  could,  by  virtue  of  this 
Constitution,  do  or  execute,  if  they,  or  either  of  them,  were  personally  pres- 
ent. 

VII. — And  whereas  the  elections  appointed  to  be  made  by  this  Consti- 
tution, on  the  last  Wednesday  in  May  annually,  by  the  two  Houses  of  the 
Legislature,  may  not  be  completed  on  that  day,  the  said  elections  may  be 
adjourned  from  day  to  day  until  the  same  shall  be  completed.  And  the  or- 
der of  elections  shall  be  as  follows  ;  the  vacancies  in  the  Senate,  if  any,  shall 
first  be  filled  up  ;  the  Governor  and  Lieutenant-Governor  shall  then  be  elec- 
ted, provided  there  should  be  no  choice  of  them  by  the  people  :  And  after- 
wards the  two  Houses  shall  proceed  to  the  election  of  the  Council. 


CHAPTER  IL 
SECTION  IV. 

Secretary,   Treasurer^  Commissary,  S^c. 

>  Art.  I.— The  Secretary,  Treasurer  and  Receiver- General,  and  the  Com- 
missary-General, Notaries-Public,  and  Naval-Officers,  shall  be  chosen  annu- 


.    242 

ally,  by  joint  ballot  of  the  Senators  and  Representatives  in  one  room.  And 
that  the  citizens  of  this  Commonwealth  may  be  assured,  from  time  to  time, 
that  the  monies  remaining  in  the  public  Treasury,  upon  the  settlement  and 
liquidation  of  the  public  accounts,  are  their  property,  no  man  shall  be  eligi- 
ble as  Treasurer  and  Receiver-General  more  than  five  years  successively. 

II. — The  records  of  the  Commonwealth  shall  be  kept  in  the  offi(;e  of  the 
Secretary,  who  may  appoint  his  Deputies,  for  whose  conduct  he  shall  be  ac- 
countable, and  he  shall  attend  the  Governor  and  Council,  the  Senate  and 
House  of  Representatives,  in  person,  or  by  his  deputies,  as  they  shall  respec- 
tively require. 


CHAPTER  III 


Judiciary  Power. 

Art.  I. — ^The  tenure  that  all  commission  officers  shall  by  law  have  in 
their  offices,  shall  be  expressed  in  their  respective  commissions.  All  judi- 
cial officers,  duly  appointed,  commissioned  and  sworn,  shall  hold  their  offices 
during  good  behaviour,  excepting  such  concerning  whom  there  is  different 
provision  made  in  this  Constitution  :  Provided,  nevertheless,  the  Governor, 
with  consent  of  the  Council,  may  remove  them  upon  the  address  of  both 
Houses  of  the  Legislature. 

11. — Each  branch  of  the  Legislature,  as  well  as  the  Governor  and  Coun- 
cil, shall  have  authority  to  require  the  opinions  of  the  Justices  of  the  Su- 
preme Judicial  Court,  upon  important  questions  of  law,  and  upon  solemn 
occasions. 

III. — In  order  that  the  people  may  not  suffer  from  the  long  continuance 
in  place  of  any  Justice  of  the  Peace,  who  shall  fail  of  discharging  the  im- 
portant duties  of  his  office  with  ability  or  fidelity,  all  commissions  of  Justi- 
ces of  the  Peace  shall  expire  and  become  void,  in  the  term  of  seven  yeai-s 
from  their  respective  dates ;  and,  upon  the  expiration  of  any  commission, 
the  same  may,  if  necessary,  be  renewed,  or  another  person  appointed,  as 
shall  most  conduce  to  the  well  being  of  the  Commonwealth. 

IV. — The  Judges  of  Probate  of  Wills,  and  for  granting  letters  of  admin- 
istration, shall  hold  their  courts  at  such  place  or  places,  on  fixed  days,  as  the 
convenience  of  the  people  shall  require.  And  the  Legislature  shall,  fi'om 
time  to  time,  hereafter  appoint  such  times  and  places ;   until  which  appoint- 


243 

ments,  the  said  Courts  shall  be  holden  at  the  times  and  places  which  the 
respective  Judges  shall  direct. 

V. — All  causes  of  marriage,  divorce  and  alimony,  and  all  appeals  from 
the  Judges  of  Probate,  shall  be  heard  and  detennined  by  the  Governor  and 
Council  until  the  Legislature  shall,  by  law,  make  other  provision. 


CHAPTER  IV. 

Delegates  to  Congress. 


The  delegates  of  this  Commonwealth  to  the  Congress  of  the  United 
States,  shall,  sometime  in  the  month  of  June  annually,  be  elected  by  the 
joint  ballot  of  the  Senate  and  House  of  Representatives,  assembled  together 
in  one  room  ;  to  serve  in  Congress  for  one  year,  to  commence  on  the  first 
Monday  in  November  then  next  ensuing.  They  shall  have  commissions 
under  the  hand  of  the  Governor,  and  the  great  seal  of  the  Commonwealth  ; 
but  may  be  recalled  at  any  time  within  the  year,  and  others  chosen  and  com- 
missioned, in  the  same  manner,  in  their  stead. 


C  H  A  P  T  E  R  V. 

The  University  at  Cambridge,  and  Encouragement  of  Literature f  S^c. 
SECTION  I. 


The   University. 

Art.  I.— Whereas  our  wise  and  pious  ancestors,  so  early  as  the  year  one 
thousand  six  hundred  and  thirty  six,  laid  the  foundation  of  Harvard-College, 
in  which  University  many  persons  of  great  eminence  have,  by  the  blessing 
of  GOD,  been  initiated  in  those  arts  and  sciences,  which  qualified  them  for 
public  employments,  both  in  Church  and  State :  And  whereas  the  encour- 
agement of  Arts  and  Sciences,  and  all  good  literature,  tends  to  the  honor  of 


244 

GOD,  the  advantage  of  the  christian  religion,  and  the  great  benefit  of  this, 
and  the  other  United  States  of  America — It  is  declared.  That  the  PRESI- 
DENT AND  FELLOWS  OF  HARVARD-COLLEGE,  in  their  corporate 
capacity,  and  their  successors  in  that  capacity,  their  officers  and  servants, 
shall  have,  hold,  use,  exercise  and  enjoy,  all  the  powers,  authorities,  rights, 
liberties,  privileges,  immunities  and  franchises,  which  they  now  have,  or  are 
entitled  to  have,  hold,  use,  exercise  and  enjoy :  And  the  same  are  hereby 
ratified  and  confirmed  unto  them,  the  said  President  and  Fellows  of  Har- 
vard-College, and  to  their  successors,  and  to  their  ofiicers  and  servants,  re- 
spectively, forever. 

II. — And  whereas  there  have  been  at  sundry  times,  by  divers  persons, 
gifts,  grants,  devises  of  houses,  lands,  tenements,  goods,  chattels,  legacies 
and  conveyances,  heretofore  made,  either  to  Harvard-College  in  Cambridge, 
in  New-England,  or  to  the  President  and  Fellows  of  Hai-vard-College,  or  to 
the  said  College,  by  some  other  description,  under  several  charters  succes- 
sively :  IT  IS  DECLARED,  That  all  the  said  gifts,  grants,  devises,  legacies 
and  conveyances,  are  hereby  forever  confirmed  unto  the  President  and  Fel- 
lows of  Harvard-College,  and  to  their  successors,  in  the  capacity  aforesaid, 
according  to  the  true  intent  and  meaning  of  the  donor  or  donors,  grantor  or 
grantors,  devisor  or  devisors. 

III. — And  whereas  by  an  act  of  the  General  Court  of  the  Colony  of  Mas- 
sachusetts-Bay, passed  in  the  year  one  thousand  six  hundred  and  forty -two, 
the  Governor  and  Deputy-Governor,  for  the  time  being,  and  all  the  magis- 
trates of  that  jurisdiction,  were,  with  the  President,  and  a  number  of  the 
clergy  in  the  said  act  described,  constituted  the  Overseers  of  Harvard-Col- 
lege :  And  it  being  necessary,  in  this  new  Constitution  of  Government,  to 
ascertain  who  shall  be  deemed  successors  to  the  said  Governor,  Deputy- 
Governor  and  Magistrates :  IT  IS  DECLARED,  That  the  Governor,  Lieu- 
tenant-Governor, Council  and  Senate  of  this  Commonwealth,  are,  and  shall 
be  deemed,  their  successors;  who,  with  the  President  of  Harvard-College, 
for  the  time  being,  together  with  the  ministers  of  the  congregational  chur- 
ches in  the  towns  of  Cambridge,  Watertown,  Charlestown,  Boston,  Roxbury^ 
and  Dorchester,  mentioned  in  the  said  act,  shall  be,  and  hereby  are,  vested 
with  all  the  powers  and  authority  belonging,  or  in  any  way  appertaining  to 
the  Overseers  of  Harvard-College ;  provided,  that  nothing  herein  shall  be 
construed  to  prevent  the  Legislature  of  this  Commonwealth  from  making 
such  alterations  in  the  government  of  the  said  university,  as  shall  be  condu- 
cive to  its  advantage,  and  the  interest  of  the  republic  of  letters,  in  as  full  a 
manner  as  might  have  been  done  by  the  Legislature  of  the  late  Province  of 
the  Massachusetts-Bav. 


245 


CHAPTER  V. 
SECTION  IL 

The  Encouragement  of  Literature^  S^c. 

Wisdom,  and  knowledge,  as  well  as  virtue,  diffused  generally  among  the 
body  of  the  people,  being  necessary  for  the  preservation  of  their  rights  and 
liberties ;  and  as  these  depend  on  spreading  the  opportunities  and  advantages 
of  education  in  the  various  parts  of  the  country,  and  among  the  different 
orders  of  the  people,  it  shall  be  the  duty  of  legislators  and  magistrates,  in  all 
future  periods  of  this  Commonwealth,  to  cherish  the  interests  of  literature 
and  the  sciences,  and  all  seminaries  of  them ;  especially  the  university  at 
Cambridge,  public  schools,  and  grammar  schools  in  the  towns;  to  encourage 
private  societies  and  public  institutions,  rewards  and  immunities,  for  the 
promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  manufactures, 
and  a  natural  history  of  the  country ;  to  countenance  and  inculcate  the 
principles  of  humanity  and  general  benevolence,  public  and  private  charity, 
industry  and  frugality,  honesty  and  punctuality  in  their  dealings ;  sincerity, 
good  humour,  and  all  social  affections,  and  generous  sentiments  among  the 
people. 


CHAPTERVI. 

Oaths  and  Subscriptions ;  Incompatihility  of  and  Exclusion  from  Offi- 
ces ;  Pecuniary  Qunlif  cations ;  Commissions ;  Writs ;  Confirmation 
of  Laws  ;  Habeas  Corpus ;  The  Enacting  Style ;  Continuance  of 
Officers ;  Provision  for  a  future  Revisal  of  the  Constitution,  8fc. 

Art.  I. — Any  person  chosen  Governor,  Lieutenant-Governor,  Counsellor, 
Senator,  or  Representative,  and  accepting  the  trust,  shall,  before  he  proceed 
to  execute  the  duties  of  his  place  or  office,  make  and  subscribe  the  following 
declaration,  viz. — 

"I,  A.  B.  do  declare,  that  I  believe  the  christian  religion,  and  have  a  firm 
persuasion  of  its  truth ;  and  that  I  am  seized  and  possessed,  in  my  own  right, 
32 


246 

of  the  property  required  by  the  Constitution  as  one  qualification  for  the 
office  or  place  to  which  I  am  elected. " 

And  the  Governor,  Lieutenant-Governor,  and  Counsellors,  shall  make  and 
subscribe  the  said  declaration,  in  the  presence  of  the  two  Houses  of  Assem- 
bly ;  and  the  Senators  and  Representatives  first  elected  under  this  Constitu- 
tion, before  the  President  and  five  of  the  Council  of  the  foniier  Constitution, 
and,  forever  afterwards,  before  the  Governor  and  Council  for  the  time  being. 

And  every  person  chosen  to  either  of  the  places  or  offices  aforesaid,  as  also 
any  person  appointed  or  commissioned  to  any  judicial,  executive,  military,  or 
other  office  under  the  government,  shall,  before  he  enters  on  the  discharge  of 
the  business  of  his  place  or  office,  take  and  subscribe  the  following  declara- 
tion, and  oaths  or  affirmations,  viz. — 

"  I,  A.  B.  do  truly  and  sincerely  acknowledge,  profess,  testify  and  declare, 
that  the  Commonwealth  of  Massachusetts  is,  and  of  right  ought  to  be,  a  free, 
sovereign  and  independent  State ;  and  I  do  swear,  that  I  will  bear  true  faith 
and  allegiance  to  the  said  Commonwealth,  and  that  I  will  defend  the  same 
against  traitorous  conspiracies  and  all  hostile  attempts  whatsoever:  And  that 
I  do  renounce  and  abjure  all  allegiance,  subjection  and  obedience  to  the 
King,  Queen  or  Government  of  Great  Britain,  (as  the  case  may  be)  and 
every  other  foreign  power  whatsoever :  And  that  no  foreign  Prince,  Person, 
Prelate,  State  or  Potentate,  hath,  or  ought  to  have,  any  jurisdiction,  supe- 
riority, pre-eminence,  authority,  dispensing  or  other  power,  in  any  matter, 
civil,  ecclesiastical  or  spiritual,  within  this  Commonwealth  ;  except  the  au- 
thority and  power  which  is  or  may  be  vested  by  their  Constituents  in  the 
Congress  of  the  United  States  :  And  I  do  further  testify  and  declare,  that  no 
man  or  body  of  men  hath  or  can  have  any  right  to  absolve  or  discharge  me 
from  the  obligation  of  tliis  oath,  declaration  or  affirmation  ;  and  that  I  do 
make  this  acknowledgment,  profession,  testimony,  declaration,  denial,  re- 
nunciation and  abjuration,  heartily  and  truly,  according  to  the  common 
meaning  and  acceptation  of  the  foregoing  words,  without  any  equivocation, 
mental  evasion,  or  secret  reservation  whatsoever.     So  help  me  GOD." 

"  I,  A.  B.  do  solemnly  swear  and  affirm,  that  I  will  faithfully  and  impar- 
tially discharge  and  perform  all  the  duties  incumbent  on  me  as  ; 
according  to  the  best  of  my  abilities  and  understanding,  agreeably  to  the 
rules  and  regulations  of  the  Constitution,  and  the  laws  of  this  Common- 
wealth."    «  So  help  me  GOD." 

Provided  always,  that  when  any  person,  chosen  or  appointed  as  afore- 
said, shall  be  of  the  denomination  of  the  people  called  Quakers,  and  shall 
decline  taking  the  said  oaths,  he  shall  make  his  affirmation  in  the  foregoing 
form,  and  subscribe  the  same,  omitting  the  words  "/do  sif^ear,"  " and  ab- 
jurey"^  "  oath  or,'*^  "  and  abjuration,''^  in  the  first  oath  ;  and  in  the  second  oath, 
the  words  "  sivear  and ;"  and  in  each  of  them  the  words  "  So  help  me  GOD ;" 
subjoining  instead  thereof,  "  This  1  do  under  the  pains  and  penalties  of  per- 
jury:' 

And  the  said  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 


247 

Governor,  Lieutenant  Governor,  and  Counsellors,  before  the  President  of 
the  Senate,  in  the  presence  of  the  two  Houses  of  Assembly  ;  and  by  the 
Senators  and  Representative's  first  elected  under  this  Constitution,  before  the 
President  and  five  of  the  Council  of  the  former  Constitution  ;  and  forever 
afterwards  before  the  Governor  and  Council  for  the  time  being :  And  by 
the  residue  of  the  officers  afo^-esaid,  before  such  persons  and  in  such  man- 
ner as  from  time  to  time  shall  be  prescribed  by  the  Legislature. 

II. — No  Governor,  Lieutenant  Governor,  or  Judge  of  the  Supreme  Judi- 
cial Court,  shall  hold  any  other  office  or  place,  under  the  authority  of  this 
Commonwealth,  except  such  as  by  this  Constitution  they  are  admitted  to 
hold,  saving  that  the  Judges  of  the  said  Court  may  hold  the  offices  of  Justi- 
ces of  the  Peace  through  the  State  ;  nor  shall  they  hold  any  other  place  or 
office,  or  receive  any  pension  or  salary  from  any  other  State  or  Government 
or  Power  whatever. 

No  person  shall  be  capable  of  holding  or  exercising  at  the  same  time, 
within  this  State,  more  than  one  of  the  following  offices,  viz : — Judge  of 
Probate — SherifiT — Register  of  Probate — or  Register  of  Deeds — and  never 
more  than  any  two  offices  which  are  to  be  held  by  appointment  of  the  Gov- 
ernor, or  the  Governor  and  Council,  or  the  Senate,  or  the  House  of  Repre- 
sentatives, or  by  the  election  of  the  people  of  the  State  at  large,  or  of  the 
people  of  any  county,  military  offices  and  the  offices  of  Justices  of  the 
Peace  excepted,  shall  be  held  by  one  person. 

No  person  holding  the  office  of  Judge  of  the  Supreme  Judicial  Court — 
Secretary — Attorney  General — Solicitor  General — Treasurer  or  Receiver 
General — Judge  of  Probate — Commissary  General — President,  Professor,  or 
Instructor  of  Harvard  College — Sheriflf— Clerk  of  the  House  of  Represen- 
tatives— Register  of  Probate— Register  of  Deeds — Clerk  of  the  Supreme 
Judicial  Court — Clerk  of  the  Inferior  Court  of  Common  Pleas — or  Officer 
of  the  Customs,  including  in  this  description  Naval  Officers — shall  at  the 
same  time  have  a  seat  in  the  Senate  or  House  of  Representatives;  but 
their  being  chosen  or  appointed  to,  and  accepting  the  same,  shall  operate 
as  a  resignation  of  their  seat  in  the  Senate  or  House  of  Representatives ; 
and  the  place  so  vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of  the  said  Supreme 
Judicial  Court,  or  Judge  of  Probate,  shall  accept  a  seat  in  Council ;  or  any 
Counsellor  shall  accept  of  either  of  those  offices  or  places. 

And  no  person  shall  ever  be  admitted  to  hold  a  seat  in  the  Legislature,  or 
any  office  of  trust  or  importance  under  the  Government  of  this  Common- 
wealth, who  shall,  in  the  due  course  of  law,  have  been  convicted  of  bribery 
or  corruption  in  obtaining  an  election  or  appointment. 

III. — In  all  cases  where  sums  of  money  are  mentioned  in  this  Constitu- 
tion, the  value  thereof  shall  be  computed  in  silver  at  six  shillings  and  eight 
pence  per  ounce  ;  And  it  shall  be  in  the  power  of  the  Legislature  from  time 
to  time  to  increase  such  quahfications,  as  to  property,  of  the  persons  to  be 
elected  to  offices,  as  the  circumstances  of  the  Commonwealth  shall  require. 


248 

IV. — All  commissions  shall  be  in  the  name  of  the  Commonwealth  of 
Massachusetts,  signed  by  the  Governor,  and  attested  by  the  Secretary  or  his 
Deputy,  and  have  the  great  seal  of  the  Commonwealth  affixed  thereto. 

V. — All  writs,  issuing  out  of  the  clerk's  office  in  any  of  the  Courts  of 
law,  shall  be  in  the  name  of  the  Commonwealth  of  Massachusetts :  They 
shall  be  under  the  seal  of  the  Court  from  whence  they  issue  :  They  shall 
bear  test  of  the  first  Justice  of  the  Court  to  which  they  shall  be  returnable, 
who  is  not  a  party,  and  be  signed  by  the  clerk  of  such  court. 

VI. — All  the  laws  which  have  heretofore  been  adopted,  used  and  ap- 
proved in  the  Province,  Colony  or  State  of  Massachusetts  Bay,  and  usually 
practiced  on  in  the  Courts  of  law,  shall  still  remain  and  be  in  full  force,  until 
altered  or  repealed  by  the  Legislature  ;  such  parts  only  excepted  as  are  re- 
pugnant to  the  rights  and  liberties  contained  in  this  Constitution. 

Vtl. — The  ])rivilege  and  benefit  of  the  writ  of  habeas  corpus  shall  be  en- 
joyed in  this  Commonwealth  in  the  most  free,  easy,  cheap,  expeditious  and 
ample  manner ;  and  shall  not  be  suspended  by  the  Legislature,  except  upon 
the  most  urgent  and  pressing  occasions,  and  for  a  limited  time  not  exceeding 
twelve  months. 

VIIL— The  enacting  style,  in  making  and  passing  all  acts,  statutes  and 
laws,  shall  be — "  Be  it  enacted  by  the  Senate  and  House  of  Representatives, 
in  General  Court  assembled,  and  by  the  authority  of  the  same." 

IX. — To  the  end  there  may  be  no  failure  of  justice  or  danger  arise  to  the 
Commonwealth  from  a  change  of  the  Form  of  Government — all  officers, 
civil  and  military,  holding  commissions  under  the  government  and  people  of 
Massachusetts  Bay  in  New-England,  and  all  other  officers  of  the  said  gov- 
ernment and  people,  at  the  time  this  Constitution  shall  take  eflfect,  shall 
have,  hold,  use,  exercise  and  enjoy  all  the  powers  and  authority  to  them 
granted  or  committed,  until  other  persons  shall  be  appointed  in  their  stead  : 
And  all  courts  of  law  shall  proceed  in  the  execution  of  the  business  of  their 
respective  departments ;  and  all  the  executive  and  legislative  officers,  bodies 
and  powers  shall  continue  in  full  force,  in  the  enjoyment  and  exercise  of  all 
their  trusts,  employments  and  authority  ;  until  the  General  Court  and  the 
supreme  and  executive  officers  under  this  Constitution  are  designated  an^J 
invested  with  their  respective  trusts,  powers  and  authority. 

X. — In  order  the  more  effectually  to  adhere  to  the  principles  of  the  Con- 
stitution, and  to  correct  those  violations  which  by  any  means  may  be  made 
therein,  as  well  as  to  form  such  alterations  as  from  experience  shall  be 
found  necessary — the  General  Court,  which  shall  be  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  ninety-five,  shall  issue  precepts  to  the  Se- 


249 

lectmen  of  the  several  towns,  and  to  the  Assessors  of  the  unincorporated 
plantations,  directing  them  to  convene  the  qualified  voters  of  their  respec- 
tive towns  and  plantations  for  the  purpose  of  collecting  their  sentiments  on 
the  necessity  or  expediency  of  revising  the  Constitution,  in  order  to  amend- 
ments. 

And  if  it  shall  appear  by  the  returns  made,  that  two  thirds  of  the  quali- 
fied voters  throughout  the  State,  who  shall  assemble  and  vote  in  consequence 
of  the  said  precepts,  are  in  favor  of  such  revision  or  amendment,  the  Gene- 
ral Court  shall  issue  precepts,  or  direct  them  to  be  issued  from  the  Secre- 
tary's office  to  the  several  towns,  to  elect  Delegates  to  meet  in  Convention 
for  the  purpose  aforesaid. 

The  said  Delegates  to  be  chosen  in  the  same  manner  and  proportion  as 
their  Representatives  in  the  second  branch  of  the  Legislature  are  by  this 
Constitution  to  be  chosen. 

XI. — This  form  of  government  shall  be  enrolled  on  parchment,  and  de- 
posited in  the  Secretary's  office,  and  be  a  part  of  the  laws  of  the  land — and 
printed  copies  thereof  shall  be  prefixed  to  the  book  containing  the  laws  of 
this  Commonwealth,  in  all  future  editions  of  the  said  laws. 

JAMES  BOWDOIN,  President, 

Attest.        SAMUEL  BARRETT,  Secretary. 


V 


250 


ARTICLES  OF  AMENDMENT  OF  THE  CONSTITUTION,  submit- 
ted by  Delegates  in  Convention  assembled^  November  15,  1820,  to  the 
People;  and  by  them  ratified  and  adopted  April  9,  1821,  certified  by  a 
Committee  of  the  Convention,  May  24,  1821,  and  presented  to  the  Gene- 
eral  Court,  May  30,  1821. 


"Art.  L— If  tiny  bill  or  resolve  shall  be  objected  to,  and  not  approved 
by  the  Governor ;  and  if  the  General  Court  shall  adjourn  within  five  days 
after  the  same  shall  have  been  laid  before  the  Governor  for  his  approbation, 
and  thereby  prevent  his  returning  it,  with  his  objections,  as  provided  by  the 
Constitution  ;  such  bill  or  resolve  shall  not  become  a  law,  nor  have  force  as 
such. 

Art.  2. — The  General  Court  shall  have  full  power  and  authority  to  erect 
and  constitute  municipal  or  city  governments  in  any  corporate  town  or  towns 
in  this  Commonwealth,  and  to  grant  to  the  inhabitants  thereof  such  powers, 
privileges  and  immunities,  not  repugnant  to  the  Constitution,  as  the  General 
Court  shall  deem  necessary  or  expedient  for  the  regulation  and  government 
thereof,  and  to  prescribe  the  manner  of  calhng  and  holding  public  meetings 
of  the  inhabitants  in  wards,  or  otherwise,  for  the  election  of  ofiicers  under 
the  constitution,  and  the  manner  of  returning  the  votes  given  at  such  meet- 
ings :  Provided,  that  no  such  government  shall  be  erected  or  constituted  in 
any  town  not  containing  twelve  thousand  inhabitants ;  nor  unless  it  be  with 
the  consent  and  on  the  application  of  a  majority  of  the  inhabitants  of  such 
town,  present  and  voting  thereon,  pursuant  to  a  vote  at  a  meeting  duly 
warned  and  holden  for  that  purpose  :  And  provided  also,  that  all  by-laws, 
made  by  such  municipal  or  city  government,  shall  be  subject,  at  all  times, 
to  be  annulled  by  the  General  Court. 

Art.  3. — Every  male  citizen  of  twenty-one  years  of  age  and  upwards, 
(excepting  paupers  and  persons  under  guardianshi]),)  who  shall  have  resided 
within  the  Commonwealth  one  year,  and  within  the  town  or  district,  in 
which  he  may  claim  a  right  to  vote,  six  calendar  months  next  preceding  any 
election  of  Governor,  Lieutenant  Governor,  Senators,  or  Representatives, 
and  who  shall  have  paid,  by  himself  or  his  parent,  master  or  guardian,  any 
state  or  county  tax,  which  shall,  within  two  years  next  preceding  such  elec- 
tion, have  been  assessed  upon  him,  in  any  town  or  district,  of  this  Common- 
wealth ;  and  also  every  citizen  who  shall  be  by  law  exempted  from  taxation, 
and  who  shall  be  in  all  other  respects  qualified  as  above  mentioned,  shall 


251 

have  a  right  to  vote  in  such  election  of  Governor,  Lieutenant  Governor, 
Senators  and  Representatives ;  and  no  other  person  shall  be  entitled  to  voter 
in  such  elections. 

Art.  4. — Notaries  Public  shall  be  appointed  by  the  Governor,  in  the  same 
manner  as  judicial  officers  are  appointed,  and  shall  hold  their  offices  during 
seven  years,  unless  sooner  removed  by  the  Governor,  with  the  consent  of 
the  Council,  upon  the  address  of  both  Houses  of  the  Legislature. 

In  case  the  office  of  Secretary  or  Treasurer  of  the  Commonwealth  shall 
become  vacant  from  any  cause,  during  the  recess  of  the  General  Court,  the 
Governor,  with  the  advice  and  consent  of  the  Council,  shall  nominate  and 
appoint,  under  such  regulations  as  may  be  prescribed  by  law,  a  competent 
and  suitable  person  to  such  vacant  office,  who  shall  hold  the  same  until  a 
successor  shall  be  appointed  by  the  General  Court. 

Whenever  the  exigencies  of  the  Commonwealth  shall  require  the  appoint- 
ment of  a  Commissary  General,  he  shall  be  nominated,  appointed  and  com- 
missioned, in  such  manner  as  the  Legislature  may,  by  law,  prescribe. 

All  officers  commissioned  to  command  in  the  Militia,  may  be  removed 
from  office  in  such  manner  as  the  Legislature  may,  by  law,  prescribe. 

Art.  5. — In  the  elections  of  Captains  and  Subalterns  of  the  Militia,  all 
the  members  of  their  respective  companies,  as  well  those  under,  as  those 
above  the  age  of  twenty-one  years,  shall  have  a  right  to  vote. 

Art.  6. — Instead  of  the  oath  of  allegiance  prescribed  by  the  Constitution, 
the  following  oath  shall  be  taken  and  subscribed  by  every  person  chosen  or 
appointed  to  any  office,  civil  or  military,  under  the  Government  of  this 
Commonwealth,  before  he  shall  enter  on  the  duties  of  his  office,  to  wit : 

"I,  A.  B.  do  solemnly  swear,  that  I  will  bear  true  faith  and  allegiance  tQ 
the  Commonwealth  of  Massachusetts,  and  will  support  the  Constitution 
thereof     So  help  me  God." 

Provided,  That  when  any  person  shall  be  of  the  denomination  called 
Quakers,  and  shall  decline  taking  said  oath,  he  shall  make  his  affirmation  in 
the  foregoing  form,  omitting  the  word  "  swear,"  and  inserting,  instead  there- 
of, the  word  "  affirm,"  and  omitting  the  words  "  so  help  me  God,"  and  sub- 
joining, instead  thereof,  the  words  "  this  I  do  under  the  pains  and  penalties 
of  perjury." 

Art.  7. — No  oath,  declaration  or  subscription,  excepting  the  oath  pre- 
scribed in  the  preceding  article,  and  the  oath  of  office,  shall  be  required  of 
the  Governor,  Lieutenant  Governor,  Counsellors,  Senators  or  Representa- 
tives, to  qualify  them  to  perform  the  duties  of  their  respective  offices. 

Art.  8. — No  judge  of  any  Court  of  this  Commonwealth,  (except  the 
Court  of  Sessions,)  and  no  person  holding  any  office  under  the  authority  of 


252 

the  United  States,  (Postmastei*s  excepted,)  shall,  at  the  same  time,  hold  the 
office  of  Governor,  Lieutenant  Governor  or  Counsellor,  or  have  a  seat  in 
the  Senate  or  House  of  Representatives  of  this  Commonwealth  ;  and  no 
Judge  of  any  Court  in  this  Commonwealth,  (except  the  Court  of  Sessions,) 
nor  the  Attorney  General,  Solicitor  General,  County  Attorney,  Clerk  of  any 
Court,  Sheriff,  Treasurer  and  Receiver  General,  Register  of  Probate,  nor 
Register  of  Deeds,  shall  continue  to  hold  his  said  office  after  being  elected 
a  member  of  the  Congress  of  the  United  States,  and  accepting  that  trust  •, 
but  the  acceptance  of  such  trust,  by  any  of  the  officers  aforesaid,  shall  be 
deemed  and  taken  to  be  a  resignation  of  his  said  office  :  and  Judges  of  the 
Courts  of  Common  Pleas  shall  hold  no  other  office  under  the  government 
of  this  Commonwealth,  the  office  of  Justice  of  the  Peace  and  Militia  Offices 
excepted. 

Art.  9. — If,  at  any  time  hereafter,  any  specific  and  particular  amendment 
or  amendments  to  the  Constitution,  be  proposed  in  the  General  Court,  and 
agreed  to  by  a  majority  of  the  Senators  and  two  thirds  of  the  Members  of 
the  House  of  Representatives  present  and  voting  thereon,  such  proposed 
amendment  or  amendments  shall  be  entered  on  the  journals  of  the  two 
Houses,  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  General 
Court  then  next  to  be  chosen,  and  shall  be  published  ;  and  if  in  the  General 
Court  next  chosen,  as  aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  the  Senators  and  two  tliirds  of  the  Mem- 
bers of  the  House  of  Representatives  present  and  voting  thereon  ;,  then  it 
shall  be  the  duty  of  the  General  Court  to  submit  such  proposed  amendment 
or  amendments  to  the  people ;  and  if  they  shall  be  approved  and  ratified 
by  a  majority  of  the  qualified  voters,  voting  thereon,  at  meetings  legally 
warned  and  holden  for  that  purpose,  they  shall  become  part  of  the  Consti- 
tution of  this  Commonwealth." 


TENTH  ARTICLE  OF  AMENDMENT  of  the  CONSTITUTION 
OF  MASSACHUSETTS— Adopted  by  the  Legislature  of  the  political 
year  1829-30,  and  by  the  Legislature  of  the  political  year  1830-31,  agree- 
ably to  the  provisions  of  the  Constitution,  and  ratified  by  the  People,  May 
11th,  183L 

ARTICLE  OF  AMENDMENT. 

"  The  political  year  shall  begin  on  the  first  Wednesday  of  Januaiy  instead 
of  the  last  Wednesday  of  May,  and  the  General  Court  shall  assemble  eveiy 
year  on  the  said  first  Wednesday  of  January,  and  shall  proceed,  at  that  ses- 
sion, to  make  all  the  elections,  and  do  all  the  other  acts,  which  are  by  the 


263 

Constitution  required  to  be  made  and  done  at  the  session  which  has  hereto- 
fore commenced  on  the  last  Wednesday  of  May.  And  the  General  Court 
shall  be  dissolved  on  the  day  next  preceding  the  first  Wednesday  of  Janu- 
ary, without  any  proclamation  or  other  act  of  the  Governor.  But  nothing 
herein  contained  shall  prevent  the  General  Court  from  assembhng  at  such 
other  times  as  they  shall  judge  necessary,  or  when  called  together  by  the 
Governor.  The  Governor,  Lieutenant  Governor,  and  Counsellors,  shall  also 
hold  their  respective  offices  for  one  year  next  following  the  first  Wednesday 
of  January,  and  until  others  are  chosen  and  qualified  in  their  stead. 

The  meeting  for  the  choice  of  Governor,  Lieutenant  Governor,  Senators 
and  Representatives,  shall  be  held  on  the  second  Monday  of  November  in 
every  year,  but  meetings  may  be  adjourned,  if  necessary,  for  the  choice  of 
Representatives,  to  the  next  day,  and  again  to  the  next  succeeding  day,  but 
no  further.  But  in  case  a  second  meeting  shall  be  necessary  for  the  choice 
of  Representatives,  such  meetings  shall  be  held  on  the  fourth  Monday  of 
the  same  month  of  November. 

"  All  the  other  provisions  of  the  Constitution,  respecting  the  elections  and 
proceedings  of  the  members  of  the  General  Court,  or  of  any  other  oflBcers 
or  persons  whatever,  that  have  reference  to  the  last  Wednesday  of  May  as 
the  commencement  of  the  political  year,  shall  be  so  far  altered,  as  to  have 
like  reference  to  the  first  Wednesday  of  January. 

"  This  article  shall  go  into  operation  on  the  first  day  of  October,  next  fol- 
lowing the  day  when  the  same  shall  be  duly  ratified  and  adopted  as  an 
amendment  of  the  Constitution,  and  the  Governor,  Lieutenant  Governor, 
Counsellors,  Senators,  Representatives,  and  all  other  state  officers,  who  are 
annually  chosen,  and  who  shall  be  chosen  for  the  current  year,  when  the 
same  shall  go  into  operation,  shall  hold  their  respective  offices  until  the  first 
Wednesday  of  January  then  next  following,  and  until  others  are  chosen  and 
qualified  in  their  stead,  and  no  longer ;  and  the  first  election  of  the  Gover- 
nor, Lieutenant  Governor,  Senators  and  Representatives,  to  be  had  in  virtue 
of  this  article,  shall  be  had  conformably  thereunto,  in  the  month  of  Novem 
ber  following  the  day  on  which  the  same  shall  be  in  force  and  go  into  opera- 
tion, pursuant  to  the  foregoing  provision. 

"  All  the  provisions  of  the  existing  Constitution,  inconsistent  with  the 
provisions  herein  contained,  are  hereby  wholly  annulled." 


33 


254 


i^ommontoealtlj  of  l^assacjusettsi* 


Secretary's  Office,  August  30, 1832. 
1  CERTIFY,  that  I  have  compared  the  Copy  of  the  Form  of  Govern- 
ment agreed  upon  by  the  Convention  of  1780,  as  here  printed,  with  the 
Constitution  as  finally  ratified,  engrossed  on  parchment,  and  deposited  in  the 
Public  Archives,  and  find  that  it  exactly  corresponds  therewith.  I  have  also 
compared  the  foregoing  printed  copies  of  the  several  Amendments  to  the 
Constitution,  with  the  originals  as  engrossed,  and  deposited  in  the  Public  Ar- 
chives, and  certify  that  the  same  are  true  copies. 

EDWARD  D.  BANGS, 

Secretary  of  the  Commonwealth. 


255 


NO.  V. 


REJECTED  CONSTITUTION  OF  1778. 

{The  following  Document^  it  is  thought^  will  form  an  appropriate  and  inte- 
resting portion  of  this  Volume,  and  is  accordingly  appended,  by  the  advice  of 
several  Members  of  the  Legislature.  It  is  the  Form  of  Government  proposed 
by  the  General  Court  of  1777-78,  acting  as  a  Convention.  Being  submitted 
to  the  People,  at  Meetings  held  throughout  the  State  previous  to  June  15,  1778, 
it  was,  by  a  large  majority,  rejected.  Measures  were  soon  afterwards  taken 
for  assembling  another  Convention,  distinct  from  the  Legislative  Body ;  the 
result  of  which  was  the  adoption  of  the  present  Constitution.] 


A  CONSTITUTION  AND  FORM  OF  GOVERNMENT  for  the  State 
of  Massachusetts  Bay,  agreed  upon  by  the  Convention  of  said  State, 
February  28,  1778— to  be  laid  before  the  several  towns  and  plantations  in 
said  State,  for  their  approbation  or  disapprobation. 


.State  oC  ptassacftttsetts  f3as* 

IN  CONVENTION,  February  28,  1778. 

Whereas,  upon  the  Declaration  of  Independence,  made  by  the  Repre- 
sentatives of  the  United  States,  in  Congress  assembled,  by  which  all  con- 
nexions between  the  said  States  and  Great  Britain  were  dissolved,  the  Gen- 
eral Assembly  of  this  State  thought  it  expedient,  that  a  new  Constitution  of 
Government  for  this  State  should  be  formed  ;  and,  apprehending  that  they 
were  not  invested  with  sufficient  authority  to  deliberate  and  determine  upon 
so  interesting  a  subject,  did,  on  the  fifth  day  of  May,  1777,  for  effecting  this 
valuable  purpose,  pass  the  following  resolve  : 

"Resolved,  That  it  be,  and  hereby  is  recommended  to  the  several  towns 
and  places  in  this  State,  empowered  by  the  laws  thereof  to  send  members 
to  the  General  Assembly,  that,  at  their  next  election  of  a  member  or  mem- 
bers to  represent  them,  they  make  choice  of  men,  in  whose  integrity  and 
ability  tijey  can  place  the  greatest  confidence ;  and,  in  addition  to  the  com- 
mon and  ordinary  powers  of  representation,  instruct  them  with  full  powers, 


256 

in  one  body  with  the  Council,  to  form  such  a  Constitution  of  Government 
as  they  shall  judge  best  calculated  to  promote  the  happiness  of  this  State  ; 
and,  when  completed,  to  cause  the  same  to  be  printed  in  all  the  Boston 
newspapers,  and  also  in  handbills,  one  of  which  to  be  transmitted  to  the 
Selectmen  of  each  town,  or  the  committee  of  each  plantation,  to  be  by  them 
laid  before  their  respective  towns  or  plantations,  at  a  regular  meeting  of  the 
inhabitants  thereof,  to  be  called  for  that  purpose,  in  order  to  its  being,  by 
each  town  and  plantation,  duly  considered,  and  a  return  of  their  approbation 
or  disapprobation  to  be  made  into  the  Secretary's  office  of  this  State,  at  a 
reasonablebetirae,  to  fixed  upon  by  the  General  Court ;  specifying  the  numbers 
present  at  such  meeting  voting  for,  and  those  voting  against  the  same  ;  and,  if 
upon  a  fair  examination  of  said  returns  by  the  General  Court,  or  such  a  com- 
mittee as  they  shall  appoint  for  that  purpose,  it  shall  appear,  that  the  said 
Form  of  Government  is  approved  of  by  at  least  two  thirds  of  those  who  are 
free,  and  twenty-one  yeai-s  of  age,  belonging  to  this  State,  and  present  in  the 
several  meetings,  then  the  General  Court  shall  be  empowered  to  establish 
the  same  as  the  Constitution  and  Form  of  Government  of  the  State  of 
Massachusetts  Bay ;  according  to  which  the  inhabitants  thereof  shall  be 
governed  in  all  succeeding  generations,  unless  the  same  shall  be  altered  by 
their  express  direction,  or  at  least  of  two  thirds  of  them.  And  it  is  further 
recommended  to  the  Selectmen  of  the  several  towns,  in  the  return  of  their 
precepts  for  the  choice  of  Representatives,  to  signify  their  having  considered 
this  resolve,  and  their  doings  thereon." 

And  whereas  the  good  People  of  this  State  in  pursuance  of  the  said  reso- 
lution, and  reposing  special  trust  and  confidence  in  the  Council  and  in  their 
Representatives,  have  appointed,  authorized  and  instructed  their  Represen- 
tatives, in  one  body  with  the  Council,  to  form  such  a  Constitution  of  Gov- 
ernment as  they  shall  judge  best  calculated  to  promote  the  happiness  of  this 
State,  and  when  completed,  to  cause  the  same  to  be  pubhshed  for  their  in- 
spection and  consideration. 

We,  therefore,  the  Council  and  Representatives  of  the  People  of  the  State 
of  Massachusetts  Bay.  in  Convention  assembled,  by  virtue  of  the  power 
delegated  to  us,  and  acknowledging  our  dependence  upon  the  all  wise  Gov- 
ernor of  the  Universe  for  direction,  do  agree  upon  the  following  Form  of  a 
Constitution  of  Government  for  this  State,  to  be  sent  out  to  the  People,  that 
they  may  act  thereon,  agreeably  to  the  aforesaid  resolve. 

I. — There  shall  be  convened,  held  and  kept,  a  General  Court,  upon  the 
last  Wednesday  in  the  month  of  May  of  every  year,  and  as  many  other 
times  as  the  said  General  Court  shall  order  and  appoint :  which  General 
Court  shall  consist  of  a  Senate  and  House  of  Representatives,  to  be  elected 
as  this  Constitution  hereafter  directs. 

!!• — There  shall  be  elected  annually  a  Governor  and  Lieutenant  Gover- 
nor, who  shall  each  have,  by  virtue  of  such  election,  a  seat  and  voice  in  the 


257 

Senate ;  and  the  style  and  title  of  the  Governor  shall  be  His  Excellency }  and 
the  style  and  title  of  the  Lieutenant  Governor  shall  be  hi&  Honor. 

ni. — No  person  shall  be  considered  as  quahfied  to  serve  as  Governor, 
Lieutenant  Governor,  Senator  or  Representative,  unless  qualified  respective- 
ly at  the  time  of  their  several  elections,  as  follows,  viz  :  «The  Governor  and 
Lieutenant  Governor  shall  have  been  inhabitants  of  this  State  five  years  im- 
mediately preceding  the  time  of  their  respective  election  ;  the  Governor  shall 
be  possessed,  in  his  own  right,  of  an  estate  of  the  value  of  one  thousand 
pounds,  whereof  five  hundred  pounds  value,  at  the  least,  shall  be  in  real  es- 
tate w^ithin  this  State ;  the  Lieutenant  Governor  shall  be  possessed,  in  his 
own  right,  of  an  estate  of  the  value  of  five  hundred  pounds,  two  hundred 
and  fifty  pounds  thereof,  at  the  least,  to  be  in  real  estate,  within  this  State : 
a  Senator  shall  be  possessed,  in  his  own  right,  of  an  estate  to  the  value  of 
four  hundred  pounds,  two  hundred  pounds  thereof,  at  the  least,  to  be  in  real 
estate,  lying  in  the  district  for  which  he  shall  be  elected.  A  Representative 
shall  be  possessed,  in  his  own  right,  of  an  estate  of  the  value  of  two  hundred 
pounds,  one  hundred  pounds  thereof,  at  the  least,  to  be  in  real  estate  lying  in 
the  town,  for  which  he  shall  be  elected.  Senators  and  Representatives  shall 
have  been  inhabitants  of  districts  and  towns,  for  which  they  shall  be  respec- 
tively elected,  one  full  year  immediately  preceding  such  election ;  provided, 
that  when  two  or  more  towns  join  in  the  choice  of  a  Representative,  they 
may  choose  an  inhabitant  of  either  of  said  towns,  being  otherwise  qualified 
as  this  article  directs. 

IV. — The  Judges  of  the  Superior  Court,  Secretary,  Treasurer  General, 
Commissary  General,  and  settled  Ministers  of  the  Gospel,  while  in  office ; 
also  all  Military  Officei-s,  while  in  the  pay  of  this  or  of  the  United  States, 
shall  be  considered  as  disqualified  for  holding  a  seat  in  the  General  Court ; 
and  the  Judges  and  Registers  of  Probate,  for  holding  a  seat  in  the  Senate. 

V. — Every  male  inhabitant  of  any  town  in  this  State,  being  free  and 
twenty  one  years  of  age,  excepting  negroes,  Indians  and  mulattoes,  shall  be 
entitled  to  vote  for  a  Representative  or  Representatives,  as  the  case  may  be 
in  the  town,  where  he  is  resident ;  provided  he  has  paid  taxes  in  said  town 
(unless  by  law  excused  from  taxes)  and  been  resident  therein  one  full  year, 
immediately  preceding  such  voting,  or  that  such  town  has  been  his  known 
and  usual  place  of  abode  for  that  time,  or  that  he  is  considered  as  an  inhabi- 
tant thereof;  and  every  such  inhabitant  qualified  as  above,  and  worth  sixty 
pounds,  clear  of  all  charges  thereon,  shall  be  entitled  to  put  in  his  vote  for 
Governor,  Lieutenant  Governor  and  Senatoi-s  ;  and  all  such  voting  for  Gov- 
ernor, Lieutenant  Governor,  Senators  or  Representatives,  shall  be  by  ballot, 
and  not  otherwise. 

VI.— Every  incorporated  town  within  this  State  shall  be  entitled  to  send 


258 

one  Representative  to  the  General  Court ;  any  town  having  three  hundred 
voters  may  send  two ;  having  five  hundred  and  twenty  voters  may  send 
three  ;  having  seven  hundred  and  sixty  may  send  four;  and  so  on,  making 
the  increasing  number  necessary  for  another  number,  twenty  more  than  the 
last  immediately  preceding  increasing  number,  till  the  whole  number  of 
voters  in  any  town  are  reckoned.  And  each  town  shall  pay  the  expense  of 
its  own  Representative  or  Representatives ;  and  the  inhabitants  of  any  two 
or  more  towns,  who  do  not  incline  to  send  a  Representative  for  each  town? 
may  join  in  the  choice  of  one,  if  they  shall  so  agree. 

VII. — The  Selectmen  of  each  town  shall  some  time  in  the  month  of  April, 
annually,  issue  their  warrant  or  warrants,  under  their  hands  and  seals,  direct- 
ed to  some  constable  or  constables,  within  their  towns  respectively,  requiring 
him  or  them  to  notify  the  inhabitants  qualified  to  vote  for  a  Representative, 
to  assemble  in  some  convenient  place  in  such  town,  for  the  choice  of  some 
person  or  persons,  as  the  case  may  be,  to  represent  them  in  the  General 
Court  the  ensuing  year :  the  time  and  place  of  meeting  to  be  mentioned  in 
the  warrant  or  warrants  for  calling  such  meeting. 

And  the  Selectmen  of  each  town  respectively,  or  the  major  part  of  them, 
shall  make  return  of  the  name  or  names  of  the  person  or  persons  elected  by 
the  major  part  of  the  voters  present,  and  voting  in  such  meeting,  to  represent 
said  town  in  the  General  Court  the  ensuing  year,  into  the  Secretary's  ofiice, 
on  or  before  the  last  Wednesday  of  May  then  next  ensuing  ;  and  when  two 
or  more  towns  shall  agree  to  join  for  such  choice,  the  major  part  of  the  Se- 
lectmen of  those  towns  shall,  in  the  manner  above  directed,  warn  a  meeting 
to  be  held  in  either  of  the  said  towns,  as  they  shall  judge  most  convenient 
for  that  purpose,  and  shall  make  return  as  aforesaid,  of  the  person  chosen  at 
such  meeting. 

VIII. — The  number  of  Senators  shall  be  twenty  eight ;  (exclusive  of  the 
Governor  and  Lieutenant  Governor)  their  election  shall  be  annual,  and  from 
certain  districts,  into  which  the  State  shall  be  divided  as  follows,  viz  :  The 
middle  district  to  contain  the  counties  of  Suffbik,  Essex  and  Middlesex,  with- 
in which  ten  Senators  shall  be  elected  :  the  southern  district  to  contain  the 
counties  of  Plymouth,  Barnstable,  Bristol,  Dukes'  County  and  Nantucket, 
within  which  six  Senators  shall  be  elected :  the  western  district  to  contain  the 
counties  of  Hampshire,  Worcester  and  Berkshire,  within  which  eight  Sena- 
tors shall  be  elected  :  the  northern  district  to  contain  the  counties  of  York 
and  Cumberland,  within  which  three  shall  be  elected  :  the  eastern  district  to 
contain  the  county  of  Lincoln,  within  which  one  shall  be  elected.  And  as 
the  numbers  of  inhabitants  in  the  several  districts  may  vary,  from  time  to 
time,  the  General  Court  shall,  in  the  way  they  shall  judge  best,  some  time  in 
the  year  one  thousand  seven  hundred  and  ninety,  and  once  in  twenty  years 
ever  after,  order  the  number  of  the  inhabitants  of  the  several  districts  to  be 
taken,  that  the  Senators  may  be  apportioned  anew  to  the  several  districts,  ac- 


259 

cording  to  the  numbers  of  the  inhabitants  therein.  And  the  General  Court 
may,  at  such  new  apportionment,  increase  the  number  of  Senators  to  be  chos- 
en as  they  may  see  fit ;  provided  that  the  whole  number  shall  never  exceed 
thirty  six,  exclusive  of  the  Governor  and  Lieutenant  Governor. 

IX — The  inhabitants  of  the  several  towns  in  this  State,  qualified  as  this 
Constitution  directs,  shall,  on  the  first  Wednesday  in  the  month  of  Novem- 
ber, annually,  give  in  their  votes  in  their  respective  towns,  at  a  meeting, 
which  the  Selectmen  shall  call  for  that  purpose,  for  Senators  for  the  year 
ensuing  the  last  Wednesday  in  May  then  next.  The  votes  shall  be  given  in 
for  the  members  of  each  district  separately,  according  to  the  foregoing  ap- 
portionment, or  such  as  shall  be  hereafter  ordered  ;  and  the  Selectmen  and 
town  Clerk  of  each  town  shall  sort  and  count  the  votes,  and,  by  the  third 
Wednesday  in  December  then  next,  transmit  to  the  Secretary's  ofiice  a  fist, 
certified  by  the  town  clerk,  of  all  the  persons,  who  had  votes  as  Senatoi*s  for 
each  district  at  such  meeting,  and  the  number  each  person  had  affixed  to  his 
name.  The  lists,  so  sent  in,  shall  be  examined  by  the  General  Court  at  their 
then  next  sitting,  and  a  list  for  each  district  of  those  voted  for,  to  the  amount 
of  double  the  number  assigned  such  district  (if  so  many  shall  have  votes) 
taking  those  who  had  the  highest  numbers,  shall  be  made  out  and  sent  by  the 
first  of  March,  then  next  after,  to  the  several  towns  of  this  State,  as  a  nomi- 
nation hst,  from  which  said  towns  shall,  at  their  meetings  for  the  choice  of 
Governor  in  the  month  of  May,  vote  for  the  Senators  assigned  the  respective 
districts  ;  which  votes  shall  be  counted  and  sorted  and  lists  certified  as  before 
directed,  made  out  and  sent  in  to  the  Secretary's  office,  by  ten  o'clock  in  the 
forenoon  of  the  last  Wednesday  in  said  May,  and  not  afterwards ;  which  lists 
shall  be  examined  by  the  House  of  Representatives  for  the  first  time  of  the 
election  of  Senators,  and  ever  afterwards  by  the  Senate  and  House  of  Rep- 
resentatives on  said  last  Wednesday  of  May,  or  as  soon  aft;er  as  may  be  ;  and 
those  persons  in  each  district,  equal  to  the  number  assigned  such  district,  who 
have  the  greatest  number  of  votes,  shall  be  Senators  for  the  ensuing  year,  un- 
less it  shall  appear  to  the  Senate  that  any  member  or  members  thereof  were 
unduly  elected  or  not  legally  qualified ;  of  which  the  Senate  shall  be  the 
judges.  And  the  Senate,  when  so  constituted,  shall  continue  in  being  till 
another  Senate  is  chosen,  and  the  members  thereof  gone  through  all  the  steps 
necessary  to  qualify  them  to  enter  on  the  business  assigned  them  by  this 
Constitution. 

X. — There  shall  forever  hereafl;er,  on  the  first  Wednesday  in  the  month  of 
May  annually,  be  held,  in  each  town  in  this  State,  a  meeting  of  the  inhabi- 
tants of  such  towns  respectively,  to  give  or  put  in  their  votes  for  Governor, 
Lieutenant  Governor  and  Senators,  which  meeting  the  Selectmen  shall  cause 
to  be  notified  in  the  manner  before  directed  for  the  meeting  for  the  choice  of 
Representatives :  and  the  town  clerk  shall  return  into  the  Secretary's  office 
by  ten  o'clock  in  the  morning  of  the  last  Wednesday  of  said  May,  and  not 


260 

afterwards,  an  attested  copy  of  all  the  persons,  who  had  votes  for  Governor 
and  Lieutenant  Governor  respectively,  certifying  the  number  of  votes  each 
person  so  voted  for  had ;  which  lists  shall  be,  on  said  last  Wednesday  of  May, 
or  as  soon  after  as  may  be,  examined  by  the  Senate  and  House  of  Represen- 
tatives ;  and  the  persons,  who,  on  such  examination,  shall  appear  to  have  the 
greatest  number  of  votes  for  those  offices  respectively,  provided  it  be  a  ma- 
jority of  the  whole  number,  shall  be  by  the  two  Houses  declared  Governor 
and  Lieutenant  Governor,  and  entitled  to  act  as  such  the  ensuing  year :  and 
if  no  person  shall  have  such  majority  for  Governor  and  for  Lieutenant  Gov- 
ernor, the  Senate  and  House  of  Representatives  shall,  as  soon  as  may  be,  af- 
ter examining  said  lists,  proceed  by  joint  ballot  to  elect  a  Governor  or  Lieu- 
tenant Governor,  or  both,  as  the  case  may  require,  confining  themselves  to 
one  of  those  three,  who  had  the  greatest  number  of  votes  collected  in  the 
several  towns  for  the  office  to  be  filled. 

XI. — If  any  person  chosen  Governor,  Lieutenant  Governor,  Senator  or 
Representative,  whose  qualification  shall  be  questioned  by  any  one  member 
of  the  Senate  or  House  of  Representatives,  within  twenty  four  days  after 
his  appearing  to  enter  upon  the  execution  of  his  office,  shall  not  make  oath 
before  a  Senator,  the  Speaker  of  the  House  of  Representatives,  or  some  Jus- 
tice of  the  Peace,  that  he  is  qualified  as  required  by  this  constitution,  and 
lodge  a  certificate  thereof  in  the  Secretary's  office,  within  ten  days  after  no- 
tice given  him  of  such  questioning  by  the  Secretaiy,  whose  duty  it  shall  be 
to  give  such  notice,  his  election  shall  be  void  ;  and  any  pei*son  claiming  privi- 
lege of  voting  for  Governor,  Lieutenant  Governor,  Senators  or  Representa- 
tives, and  whose  qualifications  shall  be  questioned  in  town  meeting,  shall  by 
the  Selectmen  be  prevented  from  voting,  unless  he  shall  make  oath  that  he 
is  qualified  as  this  Constitution  requires ;  said  oath  to  be  administered  by  a 
Justice  of  the  Peace,  or  the  town  clerk,  who  is  hereby  empowered  to  ad- 
minister the  same,  when  no  Justice  is  present. 

XIL — Whenever  any  person,  who  maybe  chosen  a  member  of  the  Sen- 
ate, shall  decline  the  office,  to  which  he  is  elected,  or  shall  resign  his  place, 
or  die,  or  remove  out  of  the  State,  or  be  any  way  disqualified,  the  House  of 
Representatives  may,  if  they  see  fit,  by  ballot,  fill  up  any  vacancy  occasioned 
thereby,  confining  themselves  in  the  choice  to  the  nomination  list  for  the  dis- 
trict, to  which  such  member  belonged,  whose  place  is  to  be  supplied,  if  a 
sufficient  number  is  thereon  for  the  purpose  ;  otherwise  the  choice  may  be 
made  at  large  in  said  district. 

XIII. — The  General  Court  shall  be  the  supreme  legislative  authority  of 
this  State,  and  shall  accordingly  have  full  power  and  authority  to  erect  and 
constitute  judicatories  and  courts  of  record,  or  other  courts  ;  and,  from  time 
to  time,  to  make  and  establish  all  manner  of  wholesome  and  reasonable  or- 
ders, laws  and  statutes ;  and  also,  for  the  necessary  support  and  defence  of 


261 

this  government,  Ihey  shall  have  full  power  and  authority  to  levy  proportion- 
able and  reasonable  assessments,  rates  and  taxes  ;  and  to  do  all  and  every 
thing  they  shall  judge  to  be  for  the  good  and  welfare  of  the  State,  and  for  the 
government  and  ordering  thereof;  provided  nevertheless,  they  shall  not  have 
any  power  to  add  to,  alter,  abolish,  or  infringe  any  part  of  this  constitution. 
And  the  enacting  style  in  making  laws  shall  be  "  by  the  Senate  and  House  of 
Representatives  in  General  Court  assembled  and  by  the  authority  of  the 


XIV. — The  Senate  and  House  of  Representatives  shall  be  two  separate 
and  distinct  bodies,  each  to  appoint  its  own  oificers,  and  settle  its  own  rules 
of  proceedings ;  and  each  shall  have  an  equal  right  to  originate  or  reject  any 
bill,  resolve  or  order,  or  to  propose  amendments  to  the  same,  excepting  bills 
and  resolves  levying  and  granting  money  or  other  property  of  the  State, 
which  shall  originate  in  the  House  of  Representatives  only,  and  be  concur- 
red or  nonconcurred  in  whole  by  the  Senate. 

XV. — Not  less  than  sixty  members  shall  constitute  or  make  a  quorum  of 
the  House  of  Representatives  ;  and  not  less  than  nine  shall  make  a  quorum 
of  the  Senate. 

XVI. — The  Senate  and  House  of  Representatives  shall  have  power  to  ad- 
journ themselves  respectively  ;  provided  such  adjournment  shall  not  exceed 
two  days  at  any  one  time. 

XVII. — The  Governor  shall  be  President  of  the  Senate.  He  shall  be 
General  and  Commander  in  Chief  of  the  Militia,  and  Admiral  of  the  Navy  of 
this  State;  and  empowered  to  embody  the  militia  and  cause  them  to  be 
marched  to  any  part  of  the  State  for  the  public  safety,  when  he  shall  think  , 
necessary ;  and  in  the  recess  of  the  General  Court,  to  march  the  militia,  by 
advice  of  the  Senate,  out  of  the  State,  for  the  defence  of  this,  or  any  other  of 
the  United  States ;  provided  always,  that  the  Governor  shall  exercise  the 
power  given  by  this  constitution,  over  the  militia  and  navy  of  the  State,  ac- 
cording to  the  laws  thereof,  or  the  resolves  of  the  General  Court.  He  shall, 
with  the  advice  of  the  Senate,  in  the  recess  of  the  General  Court,  have  pow- 
er to  prorogue  the  same  from  time  to  time,  not  exceeding  forty  days  in  any 
one  recess  of  said  Court :  and,  in  the  sitting'  of  said  Court,  to  adjourn  or 
prorogue  the  said  Court  to  any  time  they  shall  desire,  or  to  dissolve  the  same  at 
their  request,  or  to  call  said  Court  together  sooner  than  the  time  to  which  it 
may  be  adjourned  or  prorogued,  if  the  welfare  of  the  State  should  require 
the  same.  He  shall  have  power,  at  his  discretion,  to  grant  reprieves  to 
condemned  criminals  for  a  term  or  terms  of  time,  not  exceeding  six  months. 
It  shall  be  the  duty  of  the  Governor  to  inform  the  legislature,  at  every  ses- 
sion of  the  General  Court,  of  the  condition  of  the  State  ;  and,  from  time  to 
time,  to  recommend  such  matters  to  their  consideration,  as  shall  appear  to 
him  to  concern  its  good  government,  welfare  and  prosperity. 
34 


262 

XVIII. — Whenever  the  person,  who  may  be  chosen  Governor,  shall  de- 
cline the  trust  to  which  he  is  thereby  elected,  or  shall  resign  or  die,  or  re- 
move out  of  the  State,  or  be  otherwise  disqualified,  the  Lieutenant  Governor 
shall  have  the  like  power  during  the  vacancy  in  the  office  of  Governor,  as 
the  Governor  is  by  this  Constitution  vested  with  ;  and,  in  case  of  a  vacancy 
in  the  office  of  Governor  and  Lieutenant  Governor,  the  major  part  of  the 
Senate  shall  have  authorfty  to  exercise  all  the  powers  of  a  Governor  during 
such  vacancy  ;  and,  in  case  both  the  Governor  and  the  Lieutenant  Governor 
be  absent  from  the  Senate,  the  senior  or  first  Senator  then  present  shall  pre- 
side. 

XIX. — All  civil  officers  annually  chosen,  with  salaries  annually  granted 
for  their  services,  shall  be  appointed  by  the  General  Court  by  ballot ;  each 
branch  to  have  a  right  to  originate  or  negative  the  choice.  All  other  civil 
officers,  and  also  all  general,  field  and  staff  officers,  both  of  the  militia  and 
of  the  troops  which  may  be  raised  by,  and  be  in  the  pay  of  this  State,  shall 
be  appointed  by  the  Governor  and  Senate ;  captains  and  subalterns  of  troops 
raised  by,  and  in  the  pay  of  the  State,  to  be  also  appointed  by  the  Governor 
and  Senate. 

XX. — The  Governor  and  Senate  shall  be  a  Court  for  the  trial  of  all  im- 
peachments of  any  officers  of  this  State,  provided,  that  if  any  impeachment 
shall  be  prosecuted  against  the  Governor,  Lieutenant  Governor,  or  any  one 
of  the  Senate ;  in  such  case,  the  person  impeached  shall  not  continue  one  of 
the  Court  for  that  trial.  Previous  to  the  trial  of  any  impeachment,  the  mem- 
bers of  the  court  shall  be  respectively  sworn,  truly  and  impartially  to  try  and 
determine  the  charge  in  question,  according  to  evidence  ;  which  oath  shall 
be  administered  to  the  members  by  the  President,  and  to  him  by  any  one  of 
the  Senate.  And  no  judgment  of  said  Court  shall  be  valid,  unless  it  be  as- 
sented to  by  two  thirds  of  the  members  of  said  Court  present  at  such  trial ; 
nor  shall  judgment  extend  further  than  to  removal  of  the  person  tried  from 
office,  and  disqualification  to  hold  or  enjoy  any  place  of  honor,  trust  or  profit 
under  the  State  :  the  party  so  convicted  shall  nevertheless  be  liable  and  sub- 
ject to  indictment,  trial,  judgment  and  punishment,  according  to  the  laws  of 
the  State  :  and  the  power  of  impeaching  all  officers  of  the  State  for  mal-con- 
duct  in  their  respective  offices  shall  be  vested  in  the  House  of  Representa- 
tives. 

XXI. — The  Governor  may  with  the  advice  of  the  Senate,  in  the  recess  of 
the  General  Court,  lay  an  embargo,  or  prohibit  the  exportation  of  any  com- 
modity for  any  term  of  time,  not  exceeding  forty  days  in  any  one  recess  of 
said  Court. 

XXII. — The  Govenior  shall  have  no  negative,  as  Governor,  in  any  mat- 
ter pointed  out  by  this  Constitution  to  be  done  by  the  Governor  and  Senate, 


263 

but  shall  have  an  equal  voice  with  any  Senator  on  any  question  before  them  5 
provided  that  the  Governor,  or,  in  his  absence  out  of  the  State,  the  Lieuten- 
ant Governor,  shall  be  present  in  Senate  to  enable  them  to  proceed  on  the 
business  assigned  them  by  this  Constitution,  as  Governor  and  Senate. 

XXIII. — The  power  of  granting  pardons  shall  be  vested  in  the  Governor, 
Lieutenant  Governor  and  Speaker  of  the  House  of  Representatives,  for  the 
time  being,  or  in  either  two  of  them. 

XXIV. — The  Justices  of  the  Superior  Court,  the  Justices  of  the  Inferior 
Courts  of  Common  Pleas,  Judges  of  Probate  of  Wills,  Judges  of  the  Mari- 
time Courts,  and  Justices  of  the  Peace,  shall  Hold  their  respective  places 
during  good  behavior. 

XXV. — The  Secretary,  Treasurer  General,  and  Comrtjissary  General, 
shall  be  appointed  annually. 

XXVI. — The  Attomey-General,  Sheriffs,  Registers  of  the  Courts  of  Pro- 
bate, Coroners,  Notaries  Public,  and  Naval  Officers,  shall  be  appointed  and 
hold  their  offices  during  pleasure. 

XXVII. — The  Justices  of  the  Superior  Court,  Justices  of  the  Inferior 
Courts,  Courts  of  the  General  Sessions  of  the  Peace,  and  Judges  of  the 
Maritime  Courts,  shall  appoint  their  respective  Clerks. 

XXVIII. — The  Delegates  for  this  State  to  the  Continental  Congress  shall 
be  chosen  annually  by  joint  ballot  of  the  Senate  and  House  of  Representa- 
tives, and  may  be  superseded,  in  the  mean  tiine,  in  the  same  manner.  If  any 
person  holding  the  office  of  Governor,  Lieutenant  Governor,  Senator,  Judge  • 
of  the  Superior  Court,  Secretaiy,  Attorney-General,  Treasurer- General,  or 
Commissary-General,  shall  be  chosen  a  member  of  Congress,  and  accept  the 
trust,  the  place,  which  he  so  held  as  aforesaid,  shall  be  considered  as  vacated 
thereby,  and  some  other  person  chosen  to  succeed  him  therein.  And  if  any 
person,  serving  for  this  State  at  said  Congress,  shall  be  appointed  to  either  of 
the  aforesaid  offices,  and  accept  thereof,  he  shall  be  considered  as  resigning 
his  seat  in  Congress,  and  some  other  person  shall  be  chosen  in  his  stead. 

XXIX. — No  person  unless  of  the  Protestant  Religion  shall  be  Governor, 
Lieutenant  Governor,  a  member  of  the  Senate  or  of  the  House  of  Repre- 
sentatives, or  hold  any  judiciary  employment  within  this  State. 

XXX. — All  commissions  shall  run  in  the  name  of  the  State  of  Massachu- 
setts Bay,  bear  test  and  be  signed  by  the  Governor  or  Commander  in  Chief 
of  the  State,  for  the  time  being,  and  have  the  seal  of  the  State  thereunto 
affixed,  and  be  attested  by  the  Secretary  or  his  Deputy. 


264 

XXXI. — All  writs  issuing  out  of  the  clerk's  office  of  any  of  the  Courts 
of  law  within  this  State  shall  be  in  the  name  of  the  State  of  Massachusetts 
Bay,  under  the  seal  of  the  Court  from  which  they  issue,  bear  test  of  the 
Chief  Justice,  or  senior  or  first  Justice  of  the  Court,  where  such  writ  is  re- 
turnable, and  be  signed  by  the  Clerk  of  such  Court.  Indictments  shall 
conclude  "  against  the  peace  and  dignity  of  the  State." 

XXXII. — All  the  statute  laws  of  this  State,  the  common  law,  and  all 
such  parts  of  the  English  and  British  statute  laws,  as  have  been  adopted  and 
usually  practised  in  the  Courts  of  Law  in  this  State,  shall  still  remain  and  be 
in  full  force  until  altered  or  repealed  by  a  future  law  or  laws  of  the  legis- 
lature; and  shall  be  accordingly  observed  and  obeyed  by  the  people  of  this 
State ;  such  parts  only  excepted  as  are  repugnant  to  the  rights  and  privileges 
contained  in  this  Constitution :  and  all  parts  of  such  laws  as  refer  to  and 
mention  the  council  shall  be  construed  to  extend  to  the  Senate.  And  the  in- 
estimable right  of  trial  by  juiy  shall  remain  confirmed  as  part  of  this  Con- 
stitution forever. 

XXXIII. — All  monies  shall  be  issued  out  of  the  Treasury  of  this  State, 
and  disposed  of  by  warrants  under  the  hand  of  the  Governor  for  the  time 
being,  with  the  advice  and  consent  of  the  Senate,  for  the  necessary  defence 
and  support  of  the  government,  and  the  protection  and  preservation  of  the  in- 
habitants thereof,  agreeably  to  the  acts  and  resolves  of  the  General  Court. 

XXXIV. — The  free  exercise  and  enjoyment  of  religious  profession  and 
worship  shall  forever  be  allowed  to  every  denomination  of  Protestants  with- 
in this  State. 

XXXV. — The  following  oath  shall  be  taken  by  every  person  appointed  to 
any  office  in  this  State,  before  his  entering  on  the  execution  of  his  office  ; 
viz.  /,  ^.  B.  do  swear  (or  affirm^  as  the  case  may  he)  that  I  will  hear  faith  and 
true  allegiance  to  the  State  of  Massachusetts ;  and  that  I  will  faithfully  ex- 
ecute the  husiness  of  the  office  of  agreeahly  to  the  laws  of  this  State, 
according  to  my  best  skill  and  judgment,  without  fear,  favor,  affection  or  parti- 
ality. 

XXXVI. — And  whereas  it  may  not  be  practicable  to  conform  to  this  Con- 
stitution in  the  election  of  Governor,  Lieutenant  Governor,  Senators  and 
Representatives  for  the  first  year ;  therefore, 

The  present  Convention,  if  in  being,  or  the  next  General  Assembly,  which 
shall  be  chosen  upon  the  present  Constitution,  shall  determine  the  time  and 
manner,  in  which  the  people  shall  choose  said  officers  for  the  first  year,  and 
upon  said  choice  the  General  Assembly  then  in  being  shall  be  dissolved  and 
give  place  to  the  free  execution  of  this  Constitution. 

By  order  of  the  Convention, 

JEREMIAH  POWELL,  President. 

Attest.        SAMUEL  FREEMAN,  Clerk.  W 


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